Fritz-Konrad  Kriiger 


GOVERNMENTS 
POLITICS-OFTHE 

GERMANrEMPIRE 


a 


LIBRARY 

«s# 

SAN  6/EGO 


Government  and  Politics  of 
the  German  Empire 


GOVERNMENT  HANDBOOKS  is  a  new  series  of  college  text- 
books in  government  prepared  under  the  joint  editorship 
of  David  Prescott  Barrows,  Ph.D.,  Professor  of  Political 
Science  and  Dean  of  the  Faculties  in  the  University 
of  California,  and  Thomas  Harrison  Reed,  A.B.,  LL.B., 
Assistant  Professor  of  Government  in  the  University  of 
California. 

The  Series  will  provide  a  handbook  for  each  of  the  European 
countries,  and  one  on  the  Government  of  American  De- 
pendencies, treating  of  the  political  and  administrative 
organization.  Each  volume  will  have  such  maps  and 
illustrations  as  are  needed,  and  will  contain  an  annotated 
bibliography. 

The  authors  of  the  different  volumes  are  men  who  com- 
bine a  thorough  knowledge  of  the  subject  and  a  personal 
acquaintance  with  the  country  and  system  described. 

One  volume  is  now  published,  GOVERNMENT  AND  POLITICS 
OF  THE  GERMAN  EMPIRE,  by  Fritz-Konrad  Kriiger,  Ph.D., 
of  the  Department  of  Political  Science,  University  of  Cali- 
fornia. Others  are  in  preparation,  to  be  issued  during  1916. 
Some  of  the  volumes  already  planned  are:  GOVERNMENT 
OF  AMERICAN  DEPENDENCIES,  by  Dr.  David  Prescott  Bar- 
rows; GOVERNMENT  AND  POLITICS  OF  GREAT  BRITAIN, 
by  Thomas  Harrison  Reed;  THE  GOVERNMENT  OF  THE 
Swiss  CONFEDERATION,  by  Bernard  D.  Moses,  Ph.D., 
LL.D.,  Professor  of  History  and  Political  Science,  Uni- 
versity of  California;  GOVERNMENT  AND  ADMINISTRATION 
OF  PRUSSIA  AND  THE  FEDERAL  STATES  OF  THE  GERMAN 
EMPIRE,  by  Herman  G.  James,  Ph.D.,  J.D.,  Adjunct  Pro- 
fessor of  Government,  University  of  Texas. 

The  publishers  cordially  invite  correspondence  with  regard  to 
the  Series. 


PRINCE  BISMARCK 

First  Chancellor  of  the  German  Empire 


Edited  by  DAVID  P.  BARROWS  and  THOMAS  H.  REED 

CSobernnunt 


Government  and  Politics 

of  the 

German  Empire 


BY 

FRITZ-KONRAD  KRtJGER 

DOKTOR    DER    STAATSWISSENSCHAFTEN 

(Tubingen),  M.A.  (Nebraska) 


YONKERS-ON-HUDSON   :    :    I   NEW  YORK 

WORLD   BOOK  COMPANY 
1915 


COPYRIGHT,     IQI5 
BY    WORLD    BOOK    COMPANY 


COPYRIGHT   IN   ENGLAND 
ALL    RIGHTS    RESERVED 


INTRODUCTION  TO  THE  SERIES 

THE  Handbooks  of  Modern  Government, 
of  which  Dr.  Kriigers  Government  and 
Politics  of  the  German  Empire  is  the  first, 
are  planned  for  the  double  purpose  of  supply- 
ing college  classes  in  government  with  handy, 
authoritative  texts  and  of  furnishing  the  public 
with  convenient  volumes  for  reading  and  refer- 
ence. The  plan  is  to  cover  the  important  gov- 
ernments not  only  of  Europe  but  of  other  parts 
of  the  world  and  certain  colonial  dependencies. 
Each  volume  will  be  written  by  a  specialist  in 
the  history  and  institutions  of  the  country 
concerned,  and  from  first  hand  knowledge  of 
actual  conditions.  The  announcement  of  cer- 
tain volumes  already  in  preparation  is  made 
on  another  page. 

The  attention  of  the  American  people  has  been  too 
exclusively  fixed  upon  their  own  government 
and  its  problems.  Guidance  is  assuredly  to 
be  found  in  the  political  efforts  of  other  en- 
lightened peoples,  and  past  ignorance  of  the 
national  aspirations  of  the  rest  of  the  world 
is  no  longer  tolerable.  These  books  are 
written  especially  for  the  service  they  may  ren- 
der to  the  American  student  and  public,  and 
in  the  absence  of  comparable  works  in  the 

[v] 


INTRODUCTION 

English   language   it   is   hoped  they    may    be 
found  welcome. 

It  is  not  the  intention  of  the  editors  to  limit  authors 
in  their  expression  of  opinion,  providing  views 
are  expressed  with  courtesy  and  moderation. 
Necessarily,  and  we  believe  preferably,  the 
fixed  conviction  of  the  authors  as  regards  the 
practice  of  government  and  political  policies 
will  be  reflected  in  their  pages.  The  present 
volume  is  a  good  example  of  what  the  editors 
hope  for  in  the  way  of  judicious  and  patriotic 
expression.  The  author  is  in  general  in 
sympathy  with  the  principles  of  the  National 
Liberal  party  of  Germany,  and  it  is  believed 
his  views  reflect  the  common  opinion  of  the 
great  body  of  the  German  nation  at  the  present 
time.  Without  attempting  in  any  sense  to 
be  a  defense  of  either  German  government  or 
politics  it  is  a  conservative  and  restrained  judg- 
ment of  German  achievement  and  expecta- 
tions. There  are  special  reasons  at  the  present 
time  why  a  book  conceived  in  this  spirit  should 
have  a  place  in  the  formation  of  American 
public  opinion. 

THE  EDITOR 

UNIVERSITY  OF  CALIFORNIA 


[vi] 


PREFACE 

THE  author  wishes  to  emphasize  that  his 
book  has  purely  an  educational  purpose. 
It  is  the  result  of  several  years  of  study  and  teach- 
ing. The  outbreak  of  the  European  war  has  in 
no  way  affected  the  contents  of  the  book  or 
the  opinions  expressed  therein.  Neither  has  the 
so-called  war  literature  found  a  place  in  the 
bibliography,  since  most  of  it  has  been  written 
with  a  certain  bias  and  often  with  the  most 
malicious  misinterpretation  of  facts.  It  is  sen- 
sational and  will  disappear  after  the  war.  The 
author  hopes  that  this  book,  besides  serving  as 
a  textbook  for  college  students,  will  help  serious 
and  fair  minded  people  in  forming  their  opinion 
of  German  government  and  politics. 

The  writer  wishes  to  express  his  gratitude  to  the 
editors  of  this  series  of  government  handbooks, 
Professor  D.  P.  Barrows  and  Professor  T.  H.  Reed, 
of  the  University  of  California,  for  constant  assist- 
ance and  encouragement  throughout  the  prepa- 
ration of  this  volume,  including  the  reading  of 
the  proofs.  The  author  is  also  highly  indebted 
to  Professor  M.  Bonn  of  the  University  of  Mun- 
ich for  many  valuable  suggestions.  His  thanks 
furthermore  are  due  to  Komerzienrat  J.  H.  Zim- 
mermann,  member  of  the  Reichstag,  for  some 

[vii] 


PREFACE 

information  in  regard  to  that  body.  Finally  the 
author  desires  to  acknowledge  the  assistance  he 
has  received  from  the  following  students  of  his 
seminar  in  the  University  of  California:  Mr.  W. 
Aschenbrenner,  J.  D.;  Mr.  A.  Lagerstedt,  M.  A.; 
Mr.  C.  E.  Martin;  and  Mr.  H.  Stern. 

FRITZ-KONRAD    KRUGER 
BERKELEY,  CALIFORNIA 


[  viii  ] 


CONTENTS 

CHAPTER  PAGE 

I.    THE  PHYSICAL  BASIS  OF  THE  GERMAN  EMPIRE       i 

II.    THE  FOUNDATION  OF  THE  GERMAN  EMPIRE.  13 

III.  THE  DEVELOPMENT  OF  THE  CONSTITUTION  .  24 

IV.  THE  NATURE  OF  THE  GERMAN  EMPIRE.    .    .  33 
V.    THE  REICHSTAG 45 

VI.    THE  BUNDESRAT 64 

VII.    THE  KAISER 74 

VIII.    THE  CHANCELLOR  AND  His  SUBSTITUTES  .    .  97 

IX.    THE  LAW-MAKING  PROCESS      no 

X.    THE  ADMINISTRATION  OF  THE  INTERIOR    .    .  117 

XI.    THE  FINANCES  OF  THE  GERMAN  EMPIRE  .    .  134 

XII.    THE  ARMY 149 

XIII.  THE  NAVY  OF  THE  EMPIRE 160 

XIV.  RAILROADS,  CANALS,  POSTS  AND  TELEGRAPHS  167 
XV.    THE  GOVERNMENT  OF  ALSACE-LORRAINE  .    .  176 

XVI.    THE  JUDICIAL  SYSTEM  OF  THE  GERMAN  EMPIRE  183 

XVII.    THE  PARLIAMENTARY  HISTORY  OF  GERMANY  205 

XVIII.    GERMANY'S  FOREIGN  POLICY  SINCE  1871  .    .  235 

XIX.  THE  COLONIAL  DEPENDENCIES 260 

APPENDIX 275 

CRITICAL  BIBLIOGRAPHY 277 

OUTLINE  OF  THE  GOVERNMENT  OF  THE  STATES  OF 

THE  GERMAN  EMPIRE 311 

INDEX 317 


ix] 


LIST  OF  ILLUSTRATIONS 

Prince   Bismarck Frontispiece 

The  Composition  of  the  German  Reichstag  .    Facing  page  48 

Seating   Plan   of  the  Reichstag 52 

William  I 80 

Frederick  III 86 

William  II 94 

Count  Capnvi IO2 

Prince  Hohenlohe-Schillingsfiirst 104 

Prince  Billow 106 

D.  von  Bethmann-Hollweg 108 


[xi] 


Government  and  Politics  of 
the  German  Empire 


CHAPTER    I 

THE  PHYSICAL  BASIS  OF  THE 
GERMAN   EMPIRE 

THE  German  Empire  lies  between  the  Territory 
55th  and  the  48th  degrees  of  north  lati-  cl^te 
tude.  It  therefore  is  a  country  of  me- 
dium temperature.  It  is  somewhat  colder  than 
its  latitude  would  indicate,  since  it  is  closed 
by  the  Alps  against  the  mild  winds  of  the 
South  and  open  to  the  cold  northern  and 
eastern  regions  of  Europe.  The  Atlantic 
Ocean  makes  the  weather  of  the  Northwest 
milder,  while  the  general  altitude  and  the  Alp 
wall  make  the  South  colder,  with  the  result 
that  the  average  yearly  temperature  as  a  whole 
is  higher  in  northern  Germany.  The  four 
seasons  are  distinctly  different  from  each  other, 
thus  giving  the  people  a  refreshing  and  very 
desirable  change.  Germany  as  a  whole  is  a 
damp  country.  All  seasons  bring  humidity, 
especially  the  spring  and  the  late  summer, 
the  southern  mountainous  territory  receiving 
a  heavier  precipitation  than  the  northern  plain. 


GERMAN   GOVERNMENT  AND   POLITICS 

On  the  other  hand  the  North  has  steadier 
winds  than  the  South,  which  come  from  the 
southwest  and  west.  As  a  whole,  it  may  be 
said  that  the  climate  of  Germany  is  refreshing 
rather  than  mild.  It  does  not  enervate  the  in- 
habitants as  the  climate  of  southern  Europe ;  it 
sets  them  to  work.  At  the  same  time,  Germany 
is  protected  from  that  grave  cold  of  more  northern 
countries  which  kills  the  joy  of  life. 

The  German  Empire  has  more  and  stronger 
neighbors  than  any  other  state.  Russia,  Austria- 
Hungary  and  France  are  the  most  important, 
but  in  addition  to  these  it  has  on  its  borders  the 
territories  of  Holland,  Belgium,  Denmark,  Swit- 
zerland and  Luxemburg.  Naturally,  Germany 
has  often  been  influenced  by  foreign  elements, 
and  she  has  often  in  the  past  been  the  chosen 
ground  for  European  wars. 

fen™^'8  The  central  location  of  Germany  in  Europe 
European  has  made  her  people  more  cosmopolitan  than 
location  others  Jt  has  made  Germany  the  classical  coun- 
try of  translation  and  the  birthplace  of  the  idea 
of  a  world-literature.  It  has  also  caused  her  peo- 
ple often  to  overestimate  the  value  of  foreign 
products.  Her  position  makes  absolutely  nec- 
essary the  maintenance  of  a  strong  army  and 
alliances  with  other  states.  Ratzel,  in  his  excel- 
lent study  on  the  political  geography  of  Ger- 
many, says  of  her  situation  in  Europe:  "The 
central  location  of  Germany  and  her  mass  of 
neighbors  may  be  her  weakness  as  well  as  her 

[2] 


PHYSICAL   BASIS  OF  THE   EMPIRE 

strength.  Germany  exists  only  if  she  is  strong; 
a  weak  state  would  succumb  to  the  concentric 
pressure.  And  Germany  can  profit  by  her  central 
location  only  if  she  is  strong.  For  a  state  in  Ger- 
many's position  there  exist  only  the  possibilities 
of  combining  all  her  strength  and  maintaining  her 
place  in  the  world  by  incessant  labor,  of  being 
pressed  to  pieces  like  Poland,  or  of  placing  her- 
self under  the  protection  of  neutrality  like  Swit- 
zerland." 

The  area  of  the  German  Empire1  is  very  small  Area 
compared  with  that  of  other  leading  countries. 
It  is  not  more  than  208,780  square  miles,  while 
Texas  alone  has  265,896  square  miles.  The  United 
States,  as  a  whole,  is  seventeen  times  larger,  the 
British  Empire  about  forty-seven,  Russia  forty- 
one  times.  As  a  European  power,  Germany  takes 
the  third  place  as  to  size.  As  a  colonial  power, 
also  Germany  now  has  the  third  place  as  to  terri- 
tory. Her  colonial  territory  is  about  five  times  as 
large  as  that  of  the  mother  country.  Of  the  Ger- 
man territory  in  Europe,  Prussia  has  65  per  cent, 
Bavaria  14  per  cent,  Saxony  2.8  per  cent,  the  other 
four  states  of  South  Germany,  Wurtemberg, 
Baden,  Hesse,  Alsace-Lorraine,  10  per  cent. 

Politically,  the  territory  is  divided  naturally  ^j") 
into  three  parts:  the  northern  part,  in  which 
Prussia  dominates  and  which  is  the  most  conser- 
vative and  aristocratic;  the  southern  part,  in 
which  Bavaria  is  the  strongest  state  and  where 
1  Compare  p.  275. 

[3] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  general  spirit  is  much  more  democratic;  and 
Central  Germany  with  its  mass  of  small  duchies 
and  principalities,  which  form  a  bridge  from  the 
North  to  the  South. 

Popuia-  The  total  population  of  the  German  Empire 
was  about  sixty-seven  millions  in  1913.  Of  the 
63,666,120  German  citizens  living  in  Germany 
in  the  year  1910,  about  3,087,000  were  Poles, 
212,000  French,  93,000  Wends,  141,000  Danes. 
Nineteen  thousand  and  fifty  German  citizens  live 
in  the  "  protectorates."  Out  of  the  64,925,993 
people  living  in  Germany,  in  1910  there  were 
1,259,873  foreign  subjects. 

The  western  part  of  Germany  is  more  densely 
populated  than  the  eastern  part,  the  greatest  den- 
sity being  in  Saxony  and  the  Rhine  Province.  Of 
the  whole  German  population  Prussia  has  about 
eight  thirteenths.  More  and  more  the  farming 
population  migrates  to  the  cities,  which  have 
grown  rapidly  within  the  last  twenty  years.  In 
1895  there  were  only  twenty-eight  cities  with 
more  than  100,000  inhabitants,  now  there  are 
forty-eight.1  The  percentage  of  the  urban  popu- 
lation in  1822  was  27  per  cent  of  the  whole  popula- 
tion, in  1905,  54.3  per  cent. 

The  largest  part  of  the  population,  i.e.,  62.1 
per  cent,  is  Protestant;  Catholics  are  found  espe- 
cially in  South  Germany,  including  Alsace-Lor- 
raine, in  the  Prussian  Rhine-Province  and  among 

1  The  United  States  has  51  cities  of  more  than  100,000 
inhabitants,  and  Great  Britain  41. 

[4] 


PHYSICAL  BASIS  OF  THE   EMPIRE 

the  Poles.   In  the  whole  German  Empire  there  are 
36.5  per  cent  Catholics. 

The  question  of  German  citizenship  was  settled  ( 
by  the  law  of  June  i,  1879.*  According  to  this  law, 
which  is  based  on  the  general  principles  of  Arti- 
cle 3  of  the  Constitution,  every  citizen  of  a  Ger- 
man state  is  a  citizen  of  the  Empire.  Citizenship 
of  the  German  Empire  is  usually  determined  by 
citizenship  in  one  of  the  individual  states.  It  is 
possible,  however,  to  be  a  citizen  of  the  Union 
alone,  i.e.,  in  the  protectorates  or  by  accepting 
a  position  as  an  Imperial  officer.  A  citizen  of  one 
of  the  German  states  may  also  be  a  citizen  of  any 
other  state,  a  situation  which  causes  no  compli- 
cations. German  citizenship  may  be  acquired  by: 

1.  Birth:   Germany    recognizes    the   jus    san- 
guin-is,  i.e.,  the  citizenship  of  the  parents  decides 
that  of  the  child.     In  case  of  illegitimate  birth, 
the  child  takes  the  mother's  citizenship. 

2.  Legitimation:  An   illegitimate  child   recog- 
nized by  a  German  father  becomes  a  citizen.   The 
same  rule  does  not  apply  to  adopted  children. 

3.  Marriage:     A  foreign   woman,   marrying  a 
citizen,  takes  the  citizenship  of  her  husband.    In 
case  the  marriage  is  invalid  the  woman  loses  the 
citizenship,  but  not  in  case  of  divorce. 

4.  Office  holding:   Appointment  to  a  civil  serv- 
ice position  under  the  Empire,  or  in  one  of  the 

1  "  Gesetz  iiber  Erwerb  und  Verlust  der  Staatsange- 
horigkeit"  ;  changed  by  law  of  July  22,  1913  under 
the  name  "  Reichs  und  Staatsangehorigkeitzgesetz." 

[5] 


GERMAN  GOVERNMENT  AND  POLITICS 

states  or  cities,  or  in  one  of  the  state  churches 
makes  the  person  a  German  citizen.  These  officers 
are  ipso  jure  citizens  if  they  reside  in  German 
territory ;  if  they  reside  abroad  and  receive  a 
salary,  they  have  to  be  accepted  as  citizens  by  the 
state  making  the  appointment.1 

5.  Naturalization:  This  is  not,  as  in  the  United 
States,  a  judicial  act;  it  is  left  to  the  discretion 
of  certain  higher  administrative  officers  as,  for 
example,  in  Prussia  to  the  Regierungsprdsident. 
Except  for  a  few  fundamental  principles,  the 
whole  matter,  in  strict  contrast  to  the  practice 
of  the  United  States,  is  left  to  the  states.  The 
Imperial  law  prescribes  that  the  applicant  must 
(i)  be  of  legal  age  according  to  the  law  of  the 
country  of  whose  allegiance  he  seeks  to  divest 
himself;  (2)  have  good  moral  character;  (3)  have 
his  residence  in  the  place  where  he  desires  to  be 
naturalized;  (4)  be  capable  of  supporting  himself 
and  his  family.  The  state  may  add  any  other  regu- 
lation not  opposed  to  the  general  spirit  of  this 
law  or  the  Constitution.  A  person  who  has  ful- 
filled all  the  requirements  of  the  law  is  not  by  that 
fact  entitled  to  naturalization,  he  may  still  be 
refused.2  Naturalization  affects  all  minor  children 

1  Law  of  December  20,  1875. 

2  A  German,  however,  who  has  lost  his  citizenship  when 
he  was  a  minor,  has  now  (since   1913)  a  legal  right  to  nat- 
uralization if  he  asks  for  it  within  two  years  after  he  attains 
his  majority.     Likewise,  former   German   citizens   and  their 
children  are  entitled  to  naturalization  in  the  state  to  which 
they  formerly  belonged. 

[6] 


PHYSICAL  BASIS  OF  THE  EMPIRE 

except  married  daughters.  Minor  children  may, 
however,  be  excluded  by  a  special  order  of  the 
administrative  authorities. 

Entirely  different  from  naturalization  is  the  so- 
called  "  reception,"  Aufnahme,  i.e.,  the  taking  over 
of  a  citizen  by  one  state  from  another  state  within 
the  Empire.  This  privilege  has  to  be  granted  to 
every  citizen  who  asks  for  it  except  in  the  case  of 
criminals  and  of  persons  in  receipt  of  poor  relief. 

German  citizenship  may  be  lost  by: 

1.  Legitimation  of  an  illegitimate  child  by  a 
foreign  father. 

2.  Marriage  of  a  German  woman  to  a  foreigner. 

3.  Dismissal:    It  is  always  granted  with  limi- 
tations in  regard   to  the  obligations  of  military 
service.     Men  in  active  service  may  not  be  dis- 
missed; men  between  the  ages  of  seventeen  and 
twenty-five  years  only  if  they  promise  to  return 
in  order  to  take  up  their  military  service;  officers, 
recruits  and  volunteers,  who  have  been  accepted, 
can  be  dismissed  only  with  the  consent  of  the 
military  magistracy. 

4.  Deprivation:    If  a  citizen  does  not  follow 
the  call  of  the  Kaiser  in  case  of  war,  or  if  he  ac- 
cepts an  official  position  in  a  foreign  state  without 
the  consent  of  his  home  state,  and  does  not  give  it 
up,  when  required  to  do  so,  or  if  he  escapes  military 
service,  he  may  be  deprived  of  his  citizenship. 

The  Constitution  of  the  German  Empire  does  and  duties 
not  contain  any  "bill  of  rights,"  although  that  ^er~ 
of  Prussia  does.    The  rights  belonging  to  citizens  citizens 

[7] 


GERMAN  GOVERNMENT  AND  POLITICS 

of  the  Empire  may  be  found  scattered  through 
numerous  laws.  The  fundamental  right  of  every 
citizen  is  that  of  protection  by  the  state.  No 
citizen  can  be  expelled  or  extradited  to  a  foreign 
power.1  Based  upon  this  principle  is  the  right  of 
every  German  citizen  except  criminals  and  those 
in  receipt  of  poor  relief2  to  live  and  have  his 
residence  in  any  part  of  the  Empire.  Further- 
more every  citizen  has  the  privilege  of  protection 
in  foreign  countries.  In  any  case  where  injustice 
is  done  to  a  German  citizen  abroad,  the  German 
diplomatic  and  consular  officers  are  obliged  to 
seek  satisfaction  for  the  injured  party,  and  finally 
a  citizen  has  the  right  to  participate  in  the  gov- 
ernment of  Germany  in  accordance  with  the 
terms  of  the  Constitution. 

Every  citizen  has  two  classes  of  duties,  those  of 
obedience  and  those  of  fidelity.  The  citizen  owes 
implicit  obedience  to  the  government.  This, 
however,  does  not  exclude  the  right  to  protest.  A 
citizen  has  always  through  the  administrative 
courts  the  opportunity  of  getting  satisfaction  for 
a  violation  of  his  rights  by  any  organ  of  the 
state.  Another  important  duty  of  a  German 
citizen  —  at  the  same  time  a  privilege  —  is  that 
of  serving  in  the  army.  The  duty  of  fidelity 
means  the  abstention  from  any  act  detrimental 
to  the  state.  Such  acts  are,  (i)  Treason,  includ- 

1  Criminal  Law  Code  §  9 

J  R.  G.  of  November  i,  1867.  [R.  G.  =  Reichsgesetz  or 
Imperial  Law.] 

[8] 


PHYSICAL  BASIS  OF  THE  EMPIRE 

ing  crimen  laesae  majestatis  against  the  Kaiser 
or  the  ruler  of  one's  own  state;  (2)  hostile  acts 
against  other  states  of  the  Union  or  insults  to 
their  princes;  (3)  hostile  acts  against  allied  states 
or  insults  to  their  rulers. 

In  considering  those  traits  of  racial  character  ^fluence 

of  racial 

which    especially    have    influenced    the    political   character 
institutions  of  Germany,  we  must  first  mention   up?° 
the  strong  individualism  of  the  Germans.    Caesar   insatu- 
and  Tacitus  spoke  of  it  as  a  significant  side  of  1 
the  Germanic  character.    The  old  Germans  were 
scattered  over  the  country.     They  hated  the  con-  indfrid- 
glomeration  of  people  in  cities  because  they  were 
afraid  it  might  diminish  their  individual  liberty. 
Their    political    institutions    were    based    upon 
temporary  voluntary  agreements.      They  did  not 
recognize  kings.     Their  dukes  were  elected  only 
for  limited  periods.     This  love  of  personal  free- 
dom   played    a    great    part    in    the    progress    of 
the  reorganization  of  Germany  and  for  centuries 
prevented  a  real  unification  of  Germany,  and  it 
is  still  manifest  in  some  parts  of  the  Empire.    It 
explains  that  great  local  pride  which  stimulates 
city  governments  to  useful  competition  and  that 
detrimental   antagonism  which   set  tribe  against 
tribe  and   territory  against  territory  up  to    the 
foundation  of  the  German  Empire.    This  charac- 
teristic feature  of  the  German  people  is  funda- 
mentally the  reason  why  Germany  is  a  federation 
and  not  a  unitary  state.  In  connection  with  a  love 
for  abstract  thinking,   this  individualistic  spirit 

[9] 


GERMAN  GOVERNMENT  AND  POLITICS 

is  the  cause  of  the  numerous  parties  which  com- 
plicate German  politics.  There  is  a  well-known 
saying  that  wherever  two  Germans  are  together, 
there  are  three  different  opinions.  They  do  not 
easily  compromise,  and  in  foreign  countries  they 
do  not  work  together.  Therefore  they  soon  lose 
their  national  identity  and  have  very  little  influ- 
ence upon  the  politics  of  their  adopted  country. 
National  feeling,  however,  is  steadily  growing 
and  it  is  to  be  expected  that  soon  pride  in  belong- 
ing to  a  strong  and  powerful  nation  will  overcome 
this  super-individualistic  spirit.  On  the  other 
hand  the  Germans  are  remarkable  for  their 
ability  to  cooperate  and  organize. 

£^jof  Another  characteristic  feature  of  the  German 
is  his  great  love  for  what  is  in  reality  the  founda- 
tion of  every  commonwealth  —  the  family.  The 
family  is  sacred  to  the  German  and  an  insult 
to  any  member  of  it  is  resented  by  even  its  most 
distant  connections.  The  wife  is  still  regarded 
as  the  cornerstone  of  the  family  and  no  woman 
is  more  honored  in  Germany  than  a  good  wife 
and  a  good  mother.  Again  and  again  a  regenera- 
tion of  the  country  has  originated  in  the  family, 
the  source  of  Germanic  strength. 

Love  t  y^e  Qerman  loves  tne  soji  on  which  he  is  born 

and  he  is  therefore  the  best  of  farmers.  This 
characteristic  is  evidenced  in  the  Middle  West 
of  the  United  States,  where  German-Americans 
own  much  of  the  farm  lands  and  show  the  least 
desire  to  follow  the  general  trend  to  the  cities. 
[10] 


PHYSICAL  BASIS  OF  THE  EMPIRE 

Unfortunately,  this  devotion  to  the  soil  is  often 
accompanied  by  a  too  pronounced  conservatism, 
which  hinders  progress. 

As  a  whole,  it  can  be  said  that  the  German  Slowness 
mind  works  slowly  and  is  not  easily  excited,  but  thorough- 
once  aroused,  one  has  to  count  with...that  furor  ness 
Teutonicus    of    which    the    old    Romans    spoke 
with  great  fear.    If  the  German  recognizes  a  cer- 
tain political  course  as  good  he   carries  it  into 
effect  with  consistency  and  thoroughness  as,  for 
example,  his  great  social   reforms,    the    building 
of  a  navy  and   the  making  of  the  great  codes 
of  law. 

A  peculiarly  Prussian  virtue,  which  has  helped  Sense  of 
to  make  this  state  the  leading  one  of  Germany,  is  biuty 
a  widespread  sense  of  responsibility.  "Duty"  — 
Kant's  conception  of  it  —  doing  any  work  to 
be  done  without  first  looking  for  compensation, 
without  regard  to  personal  well  being  —  even 
against  the  strongest  opposition  and  until  death 
—  that  is  the  cold  but  great  Prussian  word.  And 
in  this  respect  the  rulers  of  the  House  of  Hohen- 
zollern,  with  very  few  exceptions,  have  been  bril- 
liant examples  for  every  officer  and  subject  of 
the  state. 

In  no  nation  perhaps  are  the  military  virtues  as  Valor 
highly  developed  as  in  Germany.  The  fighting 
spirit  of  the  old  Teutons  has  been  handed  down 
from  generation  to  generation.  Unfortunately, 
it  has  too  often  been  wasted  in  civil  wars  or  lent 
to  foreign  nations.  The  situation  of  Germany  in 

[n] 


GERMAN   GOVERNMENT  AND   POLITICS 

Europe  has  kept  the  people  always  under  arms 
and  to  this  day  Germany  is  the  last  country  which 
can  permit  herself  to  play  with  romantic  ideas  of 
universal  peace.  It  is  the  true  German  spirit, 
which  the  present  Crown  Prince  of  Germany, 
Frederic  William,  gives  us  in  his  book  "Deutsch- 
land  in  Waffen,"  where  he  says:  "Joy  in  bearing 
arms  was  ever  in  the  hearts  of  our  people.  Even 
with  the  old  Teutons  a  youth  became  a  man  only 
after  he  had  his  baptism  of  fire.  .  .  .  This  warlike, 
loyal  and  proud  spirit  we  must  cherish  and  trans- 
mit as  a  holy  heritage  to  our  children.  .  .  .  The 
German  who  loves  his  people,  who  believes  in 
the  greatness  and  the  future  of  our  homeland, 
dares  not  let  himself  be  soothed  to  slumber  with 
the  Utopian  songs  of  peace.  .  .  .  And  therefore 
every  man  who  loves  his  country  and  believes 
in  the  great  future  of  his  people  must  joyfully 
contribute  his  part  to  prevent  the  old  soldier 
spirit  of  our  fathers  from  being  lost." 

SELECTED  BIBLIOGRAPHY 

HOWARD,  B.  E.  "The  German  Empire,"  Chapter  VIII 
(Citizenship  under  the  German  Constitution). 

BURGESS,  J.  W.  "  Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  I,  Book  n,  Chapter  III  (Civil 
Liberty  as  Provided  in  the  German  Imperial  Consti- 
tution). 

PERRIS,  H.  "Germany  and  the  German  Emperor,"  Chapter 
I  (The  Four  Regions). 

PARTSCH,  J.     "Central  Europe." 

DAWSON,  W.  H.  "The  Evolution  of  Modern  Germany," 
Chapter  II  (Tripartite  Germany) 

[12] 


CHAPTER  II 

THE   FOUNDATION  OF  THE 
GERMAN  EMPIRE 

UGUST  i,  1806,  the  "Holy  Roman  Empire   Thedls- 

<*     i        /~.  TVT      •       »    i         11  solution 

or  the  German   JNation     legally  ceased  to    Ofthe 
exist.      In   the  words  of  a  contemporary,  since   Holy 
the  peace  of  Miinster  and  Osnabriick  it  had  been    Empire 


A 


nothing  but  a  chimera.  It  was  a  rattletrap,  a 
mixture  of  everything,  yet  as  a  whole,  nothing,  eration 

It  was  everything  else  in  practice  from  what  it   ofthe 

wi-  i     j     i       j  •          i       Rhlne 

was  m  theory.     Voltaire  sagely  declared  it  to  be 

neither  Holy  nor  Roman  nor  an  Empire.  And 
so  when  Napoleon  Bonaparte  destroyed  the 
dilapidated  structure,  he  only  changed  a  legal, 
not  an  actual  situation.  Francis  II  abdicated 
voluntarily  August  6,  1806,  having  already  in 
1804  accepted  the  title  "Emperor  of  Austria." 

According  to  its  legal  structure  the  Confed- 
eration of  the  Rhine  (Rheinbund),  into  which 
Napoleon  united  the  states  of  western  and 
southern  Germany  was  a  union  of  sovereign 
states  under  the  protectorate  of  France.  The 
source  of  its  existence  was  international  agree- 
ment; in  other  words,  it  was  a  confederation. 
Its  members  were  recognized  as  sovereign  by 
the  constitution,  the  Rheinbundacte  (1813-1815). 
The  success  of  the  allied  arms  of  Russia,  Austria 

[13] 


GERMAN  GOVERNMENT  AND   POLITICS 

and  Prussia  in  the  war  of  liberation  destroyed  the 
Rheinbund  before  its  constitution  had  actually 
gone  into  operation. 

The  At  the  Congress  of  Vienna  (1815)  a  new  Union 

Confed-     including   all   the  German   states   (at   that   time 

eration,      thirty-eight)   was  organized.     It  was  called   the 

1866          Deutsche  Bund  and  was  again  a  union  of  sovereign 

states,  a  confederation.    The  organic  laws  of  this 

union  were  a  series  of  treaties.1 

According  to  these  treaties  between  the  differ- 
ent German  states,  governmental  authority  rested 
in  the  totality  of  the  members,  i.e.,  the  princes 
and  the  free  cities.  The  organ  of  the  Confeder- 
ation was  the  Bundesversammlung  or  Bundestag 
in  Frankfort-on-the-Main,  under  the  chairman- 
ship of  Austria.  The  members  of  this  assembly 
were  diplomatic  representatives  of  their  sovereigns, 
delegates  bound  by  instructions.  In  acting  on 
ordinary  matters  each  of  the  eleven  larger  states 
had  one  vote  while  the  smaller  ones  were  gathered 
into  six  groups  each  having  one  vote.  This  form 
of  organization  of  the  Bundesversammlung  was 
known  as  the  Engere  Rat  or  smaller  council. 
For  constitutional  questions  and  matters  of  war 
and  peace,  the  twenty-five  smaller  states  had 
each  one  vote  while  the  larger  had  more,  the  six 
largest  having  four  each.  Such  a  session  was 
known  as  the  Plenum.  The  functions  of  the 
Bundestag  were:  first,  legislation,  which,  how- 

1  The  Bundesacte  of  June  8,  1815,  and  the  Wiener  Schluss- 
acte  of  May  15,  1820. 

[14] 


FOUNDATION  OF  THE  EMPIRE 

ever  did  not  bind  the  subjects  of  the  several 
states  directly,  but  only  their  respective  govern- 
ments; second,  certain  international  relations; 
third,  military  affairs,  and  fourth,  finance  for  the 
purposes  of  the  Bund.  Those  members  who 
refused  to  execute  the  resolutions  of  the  common 
body  might  be  coerced  by  the  armed  force  of  the 
remainder.  This  process  was  known  as  "Con- 
federate Execution." 

Bismarck's    caustic    exclamation:     "O    Bund,   Attempts 
Du  Hund,  Du  bist  nicht  gesund!"  characterized   the 
the  situation  which  existed  from  the  very  begin-    Confed- 
ning.    The  Confederation  was  ridiculous  in  Ger- 
many and  abroad,  and  its  reform  or  dissolution 
was  inevitable. 

The  principal  cause  of  the  inefficiency  of  the 
Bund  was  the  rivalry  between  Austria  and  Prus- 
sia, each  of  which  great  powers  was  strong  enough 
to  dispute  the  hegemony  of  the  other.  Several 
efforts  were  made  to  create  a  more  national  and 
unitary  form  of  government.  In  1848,  an  official 
committee  of  seventeen  was  appointed  by  the 
Bund  for  the  purpose  of  considering  a  new  con- 
stitution. On  March  3 1  of  the  same  year,  a  con- 
ference of  prominent  Germans  inspired  by  the 
highest  national  feeling,  was  held  in  Frankfort- 
on-the-Main,  to  undertake  the  preliminary  steps 
for  the  creation  of  a  new  Empire.  This  was  the 
so  called  For  par  lament.  It  requested  the  Bundes- 
tag to  call  a  National  Parliament  to  be  elected  by 
universal  suffrage  which  met  at  Frankfort-on-the- 


GERMAN  GOVERNMENT  AND   POLITICS 

st.  Paul's  Main,  May  18,  1848.  This  assembly  which  is 
ment  commonly  known  as  St.  Paul's  Parliament,  be- 
cause it  met  in  a  church  of  that  name,  adopted  in 
1849  a  "Constitution  of  the  German  Empire" 
excluding  Austria.  After  a  long  discussion,  the 
crown  was  offered  to  Frederic  William  IV  of 
Prussia.  But  Frederic  William  declined  to  ac- 
cept the  crown  because  of  the  danger  of  war 
with  Austria  and  her  allies.  At  the  same  time, 
this  aristocratic  King,  "the  romanticist  on  the 
throne,"  had  a  natural  horror  of  accepting  the 
crown  from  a  liberal  and  democratic  parliament, 
especially  since  the  constitution  gave  him  very 
little  power.1  With  his  refusal  to  accept  the 
Crown  from  liberalism,  the  liberal  national 
movement  came  to  an  end. 

A  short  time  later,  May  26,  1849,  Prussia 
created  the  Dreikonigsbund  between  Hanover, 
Saxony  and  herself.  This  union  aimed  also  at  the 
foundation  of  a  new  German  Empire  under  Prus- 
sian hegemony  with  the  exclusion  of  Austria. 
Hanover  and  Saxony  did  not  stay  in  the  union 
very  long,  but  most  of  the  smaller  German  states 
entered  it.  A  Diet  was  called  at  Erfurt  and  a 
draft  for  a  new  Constitution  had  been  accepted, 
when  Austria  summoned  a  meeting  of  the  Plenum 
Treaty  of  of  the  Deutsche  Bund  and  forced  Prussia  in  the 
Treaty  of  Olmiitz  of  November  29,  1850,  to  give 

1  See  Frederic  William  IV,  "Publicandum  to  the  Prussian 
People"  of  May  15,  1849  in  "Readings  in  European  History" 
by  J.  H.  Robinson,  New  York,  1906,  pp.  532  ff. 

[16] 


FOUNDATION  OF  THE   EMPIRE 

up  her  endeavors  to  form  a  new  union  and  to 
recognize  the  "reestablished  Bundestag."  All 
hope  for  a  political  reorganization  of  Germany 
was  apparently  lost,  when  Bismarck  entered 
the  political  arena  and  accomplished  his  master- 
work,  the  founding  of  the  new  German  Empire. 

The  political  union  of  Germany  was  preceded 
by  an  economic  union.  In  1818,  Prussia  aban- 
doned all  customs  duties  between  her  several  prov- 
inces. Then  in  1833,  she  asked  her  neighbors  to 
enter  into  a  customs  union  with  her  and  gradually, 
because  they  recognized  the  benefits  of  the  union, 
or  were  forced  by  commercial  pressure,  most  of 
the  German  states  joined  the  "German  Customs 
Union  "  (Deutsche  Zollverein).  By  1854  only  the 
Hanse  cities,  the  Mecklenburgs,  Holstein  and 
Austria  were  not  members.  Financially,  Prussia 
suffered  only  disadvantages  in  the  Customs 
Union,  but  she  sacrificed  her  financial  interests  to 
her  national  policy  and  was  finally  highly  com- 
pensated for  it.  From  that  time  on  there  existed, 
as  Treitschke,  the  Prusso-German  historian,  says, 
"two  Germanies,  a  fictitious  Germany  in  Frank- 
fort-on-the-Main,  and  a  real  working  Germany 
in  Berlin." 

Six  days  after   Bismarck   became  Minister  in  Bismarck » 
1862,   he  said   in   the   budget  committee  of  the^Ucy^p 

to  the 

1  Born  April   I,  1815.     Died  July  30,  1898.     Minister  of  War  with 
Prussia,  Chancellor  of  the  North  German  Federation,  Chan-  Austria, 
cellor  of  the  German  Empire,  September  24,  i862-March  24, 
1890. 

[17] 


GERMAN  GOVERNMENT  AND  POLITICS 

Prussian  Chamber  of  Deputies:  "Not  by  ora- 
tions and  majority  decisions  are  the  great  ques- 
tions of  the  age  decided  —  this  was  the  great 
mistake  of  1848  and  1849  —  but  by  iron  and 
blood."  His  position  as  Prussian  ambassador  at 
Frankfort-on-the-Main  had  convinced  him  that  no 
other  way  of  deciding  the  German  question  was 
possible.  He  took  the  "iron  and  blood"  policy 
as  the  keynote  of  his  diplomacy,  unaffected  by  the 
clamor  and  criticism  of  his  opponents.  Knowing 
that  war  had  to  come,  he  desired  to  prepare  for 
it.  Since  the  liberal  majority  in  the  Prussian 
Chamber  of  Deputies,  less  far  sighted  than  he, 
refused  to  give  the  money  for  the  necessary 
reorganization  of  the  Prussian  army  he  reorgan- 
ized it  with  the  consent  of  his  King,  but  contrary 
to  the  will  of  the  majority  of  the  people  and  in 
violation  of  the  constitution.  Doubtless,  if  Prussia 
had  not  been  victorious  in  the  war  with  Austria, 
he  would  have  lost  his  political  head.  But  he 
was  confident  of  the  success  of  his  policy  and  did 
not  fear  anybody  or  anything.  After  the  triumph 
of  Prussia's  army  in  1866,  public  opinion  changed 
entirely  and  the  man,  who  had  been  in  his  own 
words  "better  hated  than  any  other  man  in 
Europe,"  became  the  hero  of  the  German  nation. 
He  then  easily  secured  the  passage  of  an  act  rati- 
fying everything  which  he  had  done. 

The  war  was  ended  by  the  Treaty  of  Prague, 
August  23,  1866.  Austria  had  to  give  up  once  and 
for  all  any  union  with  the  rest  of  the  German 

[18] 


FOUNDATION  OF  THE  EMPIRE 

states.  Prussia  annexed  Hanover,  the  Electorate 
of  Hesse  Nassau  and  Frankfort-on-the-Main. 
It  also  received  Holstein  in  addition  to  Schleswig. 
Austria  promised  to  recognize  a  closer  union 
(Engeres  Bundesverhaltniss)  between  the  German 
states  north  of  the  Main. 

The  foundation  of  this  union  is  the  so-called   T.h® 

JN  or  m 

August  Treaty,  an  international  treaty  between   German 
sixteen  states  of  Germany  on  the  one  hand  and   *edera- 

•*  tlon 

Prussia  on  the  other.  Later  on  five  more  states 
were  added.  In  this  treaty,  the  parties  entered 
into  an  offensive  and  defensive  alliance  and  re- 
solved to  form  a  new  union  with  a  constitution, 
made  by  the  governments  of  the  states,  and  a 
parliament  called  for  that  purpose.  The  neces- 
sary executive  measures  were  left  to  the  King 
of  Prussia.  This  agreement  was  to  be  valid  un- 
til the  foundation  of  the  new  union,  but  not 
longer  than  a  year. 

In  accordance  with  these  stipulations,  Prussia 
offered  the  draft  of  a  constitution  to  the  twenty- 
one  allied  states.  It  is  said  that  Bismarck  dictated 
this  project  to  Lothar  Bucher  1  in  one  night.  The 
material  for  it  was  taken  from  the  Proclamation 
of  Frederic  William  IV  of  March  18,  1848,  the 
constitutions  of  the  St.  Paul's  Parliament  and  of 
the  Erfurt  Parliament  and  the  Memorandum  of 
Prussia  presented  in  1863  to  the  Frankfort  As- 
sembly of  Princes.  The  project  was  discussed  in 

1  Bucher  was  Privy  Councillor,  Bismarck's  intimate 
assistant  in  the  Foreign  Office. 

[19] 


GERMAN   GOVERNMENT  AND   POLITICS 

December,  1866,  by  the  delegates  of  the  twenty- 
two  states  and  accepted.  The  regulations  for 
the  election  to  the  St.  Paul's  Parliament  were 
adopted  as  law  by  the  several  states.  In  accord- 
ance therewith  a  Parliament  was  elected  Febru- 
ary 12,  1867,  by  almost  the  same  electorate  as 
prescribed  for  the  Reichstag  to-day.  Within  six 
weeks  of  its  assembling,  this  Reichstag  adopted  the 
Constitution  with  slight  changes,  April  16,  1867. 

In  order  to  become  law  of  the  several  states, 
the  Constitution  had  to  be  adopted  by  the  legis- 
lative department  in  each.  July  I,  1867  was  taken 
as  the  day  on  which  the  Constitution  was  to  go 
into  effect.  This  is  the  beginning  of  the  North 
German  Federation.  Looking  back  to  the  sad 
constitutional  past  of  the  German  nation  and 
proclaiming  the  spirit  of  the  new  form  of  the 
North  German  state,  Bismarck  said  in  the 
throne  speech  at  the  opening  of  the  first  Reichs- 
tag (February  24,  1867):  "Once  the  German  Em- 
pire was  mighty,  great  and  respected,  because  it 
was  united  and  led  by  strong  hands.  But  it  sank 
down,  dismembered  into  impotency,  not  without 
the  fault  of  its  head  and  parts.  Deprived  of  its 
authority  in  the  councils  of  Europe  and  of  the 
control  of  its  own  affairs,  Germany  became  the 
choice  battleground  of  foreign  powers,  to  whom 
it  gave  the  blood  of  its  children,  battlefields,  and 
war  prizes.  But  never  has  the  longing  of  the 
German  people  for  their  lost  possessions  ceased 
and  the  history  of  our  times  is  filled  with  the 

[20] 


FOUNDATION  OF  THE   EMPIRE 

endeavor  to  regain  for  Germany  and  the  German 
people  the  greatness  of  their  past.  .  .  .  These 
endeavors  have  not  as  yet  led  to  the  goal,  this 
dismemberment  has  been  increased  rather  than 
cured,  because  people  have  deceived  themselves, 
in  regard  to  the  value  of  the  present  time,  through 
hopes  and  memories,  and  because  they  have  de- 
ceived themselves  as  to  the  importance  of  real 
facts  contrasted  with  ideals.  From  this,  we 
recognize  the  necessity  of  insuring  the  union  of 
the  German  people  on  the  basis  of  facts  and  not 
to  sacrifice  again  the  attainable  to  the  desirable. 
The  constitutional  project  placed  before  you,  re- 
quires of  the  independence  of  the  several  states, 
only  such  sacrifices  in  favor  of  the  whole,  as  are 
absolutely  essential  in  order  to  protect  the  peace, 
to  secure  the  safety  of  the  Federation  and  the 
development  of  the  prosperity  of  its  citizens." 

Article  79  of  the  Constitution  of  the  North   Thefoun- 

dation  of 

German  Confederation,  the  famous  Main-Bridge,    the 
said  :   "The  entrance  of  the  states  of  southern   ^°^? 
Germany  or  the  entrance  of  one  of  the  same 
into  the  Union,  takes  places  upon  the  motion  of 
the  President  of  the  Union,  and  by  legislation  of 
the  Federation." 

At  the  same  time  with  the  Treaty  of  Prague 
a  secret  offensive  and  defensive  treaty  was  made 
by  Prussia  with  the  southern  states.  As  a  result 
of  it,  the  southern  states  assisted  the  Federation 
in  its  war  against  France.  This  alliance  in  war 
brought  about  the  completion  of  German  unity. 

[21] 


GERMAN  GOVERNMENT  AND  POLITICS 

Ferro  ignique,  the  German  people  were  united. 
Already  before  the  war,  Baden  had  asked  the 
North  German  Federation  to  be  accepted  as  a 
member.  After  the  war  she  repeated  her  petition, 
and  Wiirtemberg,  Bavaria  and  Hesse  followed. 
The  result  of  the  negotiations  were  several  treaties 
by  which  these  states  joined  the  Union.1 

These  treaties  were  made  laws  of  Bavaria, 
Wiirtemberg  and  Baden,  in  December,  1870. 
The  Bundesrat  of  the  North  German  Federation 
with  the  consent  of  the  southern  states  proposed 
to  give  the  new  German  Federation  the  name 
"Deutsches  Reich,"  and  to  the  Prussian  King  the 
title  "Deutscher  Kaiser,"  as  President  of  the 
Federation.  Amidst  the  thunder  of  the  cannons 
which  bombarded  Paris,  William  I  was  proclaimed 
Kaiser,  January  18, 1871,  in  Versailles.  This  event, 
however,  has  no  meaning  so  far  as  the  juristic 
foundation  of  the  Empire  is  concerned.  The 
foundation  of  the  German  Empire  dates  back  to 
January  I,  1871,  the  time  when  the  constitution 
of  the  North  German  Federation,  changed  by  the 
November  treaties,  went  into  effect  in  all  the 
states  of  the  union.  Sometimes,  April  16,  1871, 
the  date  of  the  new  redaction  of  the  constitution, 

1  The  so  called  "November  treaties":  The  North  German 
Federation  and  the  Grand  Duchies  of  Baden  and  Hesse, 
November  15;  these  states  and  Wiirtemberg,  November  25; 
the  North  German  Federation  and  Bavaria,  November  23; 
the  last  treaty  was  joined  by  the  other  three  southern  states, 
December  8,  1870. 

[22] 


FOUNDATION  OF  THE   EMPIRE 

is  given  as  the  date  of  the  birth  of  the  new  Em- 
pire. However,  this  redaction  did  not  create  a 
different  situation  in  any  point,  and  thus,  Janu- 
ary i  should  be  taken  as  the  date  of  the  founding 
of  the  Empire. 

SELECTED  BIBLIOGRAPHY 

SMITH,  M.     "  Bismarck  and  German  Unity." 

ANDREWS,  C.  M.     "The  Historical   Development  of  Modern 

Europe  from  the  Congress  of  Vienna  to  the  Present  Time." 

2  vols. 
SYBEL,  H.  VON.     "The  Founding  of  the  German  Empire  by 

William  I."     7  vols. 
JAMES,    E.    J.     "The    Federal    Constitution    of    Germany." 

With  an  Historical  Introduction. 


[23] 


CHAPTER  III 


The 

develop- 
ment of 
the 

German 
Constitu- 
tion by 
amend- 
ment 


THE     DEVELOPMENT     OF     THE 
CONSTITUTION 

SINCE  1871,  the  German  constitution  has 
been  changed  a  great  deal,  much  more  so 
than  the  constitution  of  the  United  States  since 
1789.  Bismarck  confidently  expected  such  a 
development  when  he  produced  the  fundamental 
instrument  of  the  Empire.1  It  was  intended 
to  be  only  the  basis  upon  which  a  magnifi- 
cent structure  should  be  erected.  Unlike  the 
American  constitution,  the  German  constitution 
is  not  regarded  as  a  sacred,  rigid  instrument  which 
can  be  altered  only  with  the  greatest  difficulties. 
Amendments  to  the  constitution  are  made  in  the 
same  manner  as  other  laws,  the  only  difference 
being  that  fourteen  votes  in  the  Bundesrat  can 
defeat  any  amendment.2  This  gives  Prussia 

1  "I  credit   to  our  constitution   the  capacity  to   develop 
just  as  the  English  constitution  has  developed,  not  through  a 
theoretical   assertion  of  an  ideal   toward  which  one   strives 
without  regard  to  the  obstructions  that  are  in  the  way,  but 
through  the  organic  development  of  that  which  exists,  always 
keeping  faces  toward  the  front,  making  every  step  in  that 
direction  which   appears   at   the   moment    possible,   without 
great  danger."  —  Bismarck  in  the  Reichstag,  March  15,  1877. 

2  Constitution,    Article     78,    Clause    i.      Hereafter     the 
official   German    abbreviation    for   Constitution   e.g.,    R.   V. 
(Reichsverfassung)  will  be  used. 

[24] 


DEVELOPMENT  OF  THE  CONSTITUTION 

with  her  seventeen  votes,  or  the  three  other 
kingdoms  combined,  or  a  group  of  several  of  the 
smaller  states  the  power  to  defeat  any  amendment. 

Another  restriction  on  amendments  is  that  the 
privileges  of  certain  particular  states  may  be  modi- 
fied only  with  the  consent  of  the  state  affected.1 
Except  for  these  privileges  there  is  no  longer  any 
doubt  that  any  article  of  the  Constitution,  includ- 
ing Article  4,  which  vests  the  "  Presidency  "  in 
the  King  of  Prussia,  may  be  amended.  The 
question  whether  a  law  is  an  ordinary  law  or  an 
amendment  of  the  Constitution,  or  whether  it  is 
contrary  to  the  privileges  of  a  particular  state,  is 
decided  by  a  simple  majority  of  the  Bundesrat. 
Since  amendments  of  the  Constitution  are  re- 
garded only  as  ordinary  laws  of  a  special  type, 
the  Reichstag  has  a  right  to  propose  them. 

The  following  amendments  had  been  made  up 
to  1914: 

1.  Article  28,  Paragraph  2,  was  abolished  by 
law  of  February  24,  1873.     Before  the  passage  of 
this  amendment,  Reichstag  members  from  states 
which,  on  account  of  special  or  reserved  privi- 
leges of  these  states,  were  not  directly  affected  by 
certain  Imperial  legislation,  were  not  permitted 
to  vote  on  such  laws. 

2.  Article  4,  No.  9,  March  3,  1873.    The  com- 
petence of  the  Empire  was  by  this  amendment 

1  R.  V.,  Article  78,  Clause  2. 

2  Compare  for  a  discussion  about  this  question  Arndt,  A., 
"Das  Staatsrecht  des  deutschen  Reichs,"  pp.  186  ff. 

[25] 


GERMAN  GOVERNMENT  AND  POLITICS 

extended  to  legislation  in  regard  to  signals  for 
ocean  steamers. 

3.  Article  4,  No.  13,  changed  so  as  to  enlarge 
the  competence  of  the  Empire  to  give  Germany 
a  common  civil  law,  December  20,  1873. 

4.  Article  59,  Clause   i,  was  changed  Febru- 
ary   u,   1888,    so    as    to    extend    the    period    of 
compulsory  service   from   the  32nd  to  the  39th 
years. 

5.  Article  24,  March  19,  1888.     This  amend- 
ment changed  the  legislative  period  from  three  to 
five  years. 

6.  Article  53,  May  26,  1893.    Clause  5  of  this 
article  concerning  the  reserve  service  of  sailors 
was  abolished. 

7.  Article   70,   May    14,    1904.     The   famous 
"clausula  Frankenstein"  concerning  the  exchange 
of  Imperial  and  state  finances  was  added.1 

8.  Article  59,  Paragraph  i,  changed  on  April 
15,  1905,  so  that   the  active  service  of  soldiers 
other  than  cavalry  and  field  artillery  was  made 
two  instead  of  three  years. 

9.  Article  32,  May  21,   1906.      Through  this 
change  the  members  of  the  Reichstag  were  granted 
a  remuneration  for  their  service. 

10.  Article  38,  Clause  2,  No.  3,  which  granted 
the  several  states  13   per  cent  of  certain   taxes 
for  their   collection    through    state   officers,  was 
abolished. 

11.  Article  6,  May  31,  1911.    This  amendment 

1  See  p.  139. 
[26] 


DEVELOPMENT  OF  THE  CONSTITUTION 

admits  representatives  of  Alsace-Lorraine  to  the 
Bundesrat  under  certain  restrictions.1 

But  not  all  changes  of  the  Constitution  have    ,t 

of  the 

been  made  in  the  form  of  amendments.  Several  Consti 
laws  not  officially  noted  as  amendments  and  the 
operation  of  custom  have  also  in  effect  altered  laws 
the  Constitution.  June  23,  1876,  Lauenburg, 
after  September  13,  1865,  bound  to  Prussia  by  a 
personal  union,  was  by  a  Prussian  law  united  to 
that  state  so  that  the  words  of  Article  I  "with 
Lauenburg"  are  now  superfluous.  By  an  agree- 
ment of  March  2,  1887,  Waldeck  ceded  its  admin- 
istration to  Prussia,  although  it  remains  a  state 
and  may  take  back  its  own  administration  ac- 
cording to  the  terms  of  the  treaty.  The  island  of 
Heligoland  has  been,  since  1890,'  a  part  of  Ger- 
man territory.  Since  February  18,  1891,  it  has 
been  united  with  Prussia.  The  Constitution, 
except  section  6,  is  in  force  in  Heligoland.  May 
31,  1911,  Alsace-Lorraine,  after  having  been  a 
province  of  the  Empire  since  i87i,3  became  part 
of  the  German  Empire  as  a  new  state  in  the 
meaning  of  Article  i.  The  general  provisions  of 
Article  3  have  been  made  more  specific.  Citizen- 
ship has  been  determined  by  an  Imperial  law  and 
also  the  regulations  which  have  reference  to  the 

1  Cf.  Chapter  XV. 

2  Imperial    law     (abbreviated    R.    G.  =  Reichsgesetz)    of 
December  15,  1890. 

3  R.   G.  of  June  9,  1871,  betreffend   die  Vereinigung  von 
Elsass-Lothringen  mit  dem  deutschen  Reich. 

[27] 


GERMAN  GOVERNMENT  AND   POLITICS 

care   of   the  poor  and   their  reception  into  the 
local  communal  associations. 

In"  The  Bundesrat  has  not  been  changed  very  much 

impor-  as  far  as  its  constitutional  position  is  concerned. 
theCBu°n-  Pfuss'a  nas  really  eighteen  votes,  since  by  special 
desrat  treaty,  she  has  the  power  to  instruct  also  the  vote 
of  Waldeck.  The  connection  between  Prussia 
and  the  Empire  has  been  made  closer  by  the  fact 
that  the  Secretaries  of  State  of  the  Empire  are 
usually  appointed  Prussian  delegates  to  the 
Bundesrat.  The  Constitution  contemplates  only 
the  periodical  meeting  of  the  Bundesrat  but,  on 
account  of  the  quantity  and  character  of  its 
business,  for  many  years  it  has  been  in  continuous 
session.  The  political  importance  of  the  Bundes- 
rat has  been  lessened  by  the  method  in  which  its 
business  is  practically  carried  on.  All  the  more 
important  projects  are  first  taken  up  by  the 
Ministers  of  the  different  states,  especially  the 
different  states  to  which  the  matter  relates. 
After  a  majority  consensus  is  thus  reached,  the 
proposition  is  then  introduced  into  the  Bundesrat 
as  a  mere  formality  and  for  the  discussion  of 
details. 

Reichstag  ^he  importance  of  the  Reichstag  on  the  other 
hand,  has  increased  by  the  increase  of  the  com- 
petence of  the  Empire.  The  growing  expenses  of 
the  Empire  have  tended  also  to  give  additional 
power  to  the  Reichstag  through  its  control  of  the 
budget.  Fifteen  deputies  from  Alsace-Lorraine 
have  been  added  to  the  number  of  its  members. 
[28] 


DEVELOPMENT  OF  THE  CONSTITUTION 

The  growth  of  the  population  without  any  other 
increase  in  the  number  of  members  has  reduced 
the  proportion  of  deputies  to  population.  The 
fact  that  there  has  been  no  reapportionment  of 
seats  has  led  to  great  inequality  in  the  size  of  the 
constituencies. 

Of  all  the  branches  of  government,  the  Kaiser  The  Kaiser 
has  gained  the  greatest  accretion  of  power.  In 
reality  he  is  no  longer  what  the  Constitution 
intended  to  make  him,  a  "primus  inter  pares," 
but  the  head  of  the  German  government.  Every 
increase  of  the  competence  of  the  Empire  is  a 
strengthening  of  his  position.  In  the  first  place, 
he  has  direction  of  the  federal  administration  by 
his  appointment  of  the  Chancellor,  the  Secretaries 
of  State  and  almost  all  federal  officers.  Further- 
more, he  exercises  a  great  influence  upon  legisla- 
tion, not  only  as  King  of  Prussia,  but  also  as 
Kaiser.  Although  the  Constitution  makes  no 
provision  for  the  initiation  of  laws  by  the  Kaiser, 
they  frequently  emanate  from  him.  Laws  with 
regard  to  postal,  telegraph  and  marine  affairs, 
etc.,  must  be  prepared  by  Imperial  officers,  be- 
cause no  state  has  anything  to  do  with  them. 
These  and  many  other  projects  are  introduced 
by  the  Chancellor,  the  representative  of  the 
Kaiser,  as  Prdsidialantrdge  and  now  constitute 
the  majority  of  all  bills.  Formally,  they  are 
Prussian,  and  are  therefore  treated  like  Prussian 
projects.  The  Prussian  ministry  first  passes  upon 
them,  and  only  if  it  approves  the  bill  is  it  intro- 

[29] 


GERMAN  GOVERNMENT  AND  POLITICS 

duced  into  the  Bundesrat.  The  Chancellor  there- 
fore must  be  Prussian  Prime  Minister,  a  necessity 
which  will  be  discussed  later  in  more  detail.1 
The  extension  of  the  Constitution  to  Alsace-Lor- 
raine and  the  acquisition  of  colonial  protectorates 
has  endowed  the  Kaiser  as  head  of  the  Empire 
with  territorial  governmental  authority  in  these 
possessions. 

According  to  Article  17  of  the  Constitution, 
the  Chancellor  was  the  only  officer  of  the  Empire, 
but  soon  one  Secretariat  after  the  other  was 
created,  the  heads  of  which  were  made  responsible 
substitutes  of  the  Chancellor  by  the  law  of  March 
17,  1898.*  Since  this  date  the  heads  of  these  de- 
partments have  been  appointed  substitutes,  and 
the  Chancellor  no  longer  interferes  with  the  rou- 
tine work  of  the  departments. 
Centraiiza-  Hand  in  hand  with  the  centralization  of  leg- 

tion  of  ...  . 

adminis-  islative  power,  and  even  to  a  greater  extent,  has 
trative  gone  centralization  of  administrative  authority. 
For  example,  Article  4  gives  the  Empire  only 
the  right  of  supervision  over  the  legislation  enu- 
merated therein.  Certain  laws,  however,  have 
created  administrative  officers  to  carry  out  their 
provisions.  Thus  the  Patent  Office,  the  Imperial 
Insurance  Office,  and  numerous  other  offices  have 
been  created. 

Except  for  a  few  quasi-administrative  functions, 
given  to  the  Bundesrat,  the  constitution  creates 
nothing  in  the  way  of  a  court.  Laws  of  later  years 

1  Cf.  p.  108.  2  Cf.  p.  107. 

[30] 


DEVELOPMENT  OF  THE  CONSTITUTION 

have  created  several  administrative  courts  e.g. 
the  Oberseeamt,  the  Rayonkommission,  etc.1  The 
most  important  statutory  court  is  the  Reichs- 
gerichty  the  supreme  court  of  the  Empire.2 

The  finances  of  the  Empire  have  been  brought 
into  closer  connection  with  those  of  the  individual 
states.  They  are  forced  to  administer  more  and 
more  Imperial  legislation,  of  which  they  have  to 
bear  the  expenses.  This  duty  of  administering 
Imperial  legislation  goes  down  to  the  smallest 
local  government  divisions. 

In  military  affairs,  several  extra-constitutional 

•»  _  central!-* 

changes  have  taken  place.  Military  conventions  zatum 
between  the  three  kingdoms  and  Prussia  have 
changed  the  provisions  of  the  Constitution,  so  that 
now  there  exist  four  contingents.3  The  armies 
of  all  the  states  except  the  three  other  kingdoms 
are  so  closely  connected  with  that  of  Prussia  and 
so  modeled  on  its  example,  that  in  fact  these  states 
have  no  army  of  their  own.  Prussia  has  a  military 
hegemony.  Article  60  has  been  modified  by  law 
of  May  26,  1893,  so  that  men  are  recruited  from 
the  individual  states  not  by  the  states  themselves, 
but  by  the  four  military  contingents. 

Since  1893  the  size  of  the  army  and  consequently 
the  expense  of  its  maintenance  has  increased 
very  rapidly.  In  consequence,  Articles  60  and 
62  R.  V.  have  been  greatly  changed. 

A  complete  change  has  taken  place  in  Article 

1  Cf.  p.  203.  2  Cf.  p.  193. 

3  I.e.  of  Prussia,  Bavaria,  Saxony  and  Wiirtemberg. 

[31] 


GERMAN  GOVERNMENT  AND   POLITICS 

61.  The  antiquated  Prussian  military  law  was 
never  introduced  except  in  the  Prussian  contin- 
gent. A  uniform  military  criminal  law  was  intro- 
duced for  the  whole  Empire  including  Bavaria 
December  i,  1898,  and  a  supreme  military  court 
with  its  seat  in  Berlin  was  created  above  the  sys- 
tem of  courts  of  the  four  contingents. 

The  military  fiskus  should  theoretically  be  the 
individual  military  fiskus  of  the  four  contingents. 
The  law  of  May  25,  1873,  however,  transferred 
the  property  of  all  the  military  administrations 
to  the  Empire.  Furthermore,  the  Imperial  Civil 
Service  Law  (Reichsbeamtengesetz)  of  May  25, 
1873,  gave  the  army  officers  a  right  to  sue  the 
Empire  in  its  capacity  as  fiskus.  Thus  practice 
has  made  the  military  fiskus  an  Imperial  fiskus. 
Except  for  Bavaria,  the  Chancellor  was  respon- 
sible for  the  military  budget.  Naturally,  this 
change  brought  the  different  Ministers  of  War  of 
the  four  contingents  as  far  as  the  financial  side  of 
the  army  was  concerned,  under  the  supervision 
of  the  Chancellor.  The  whole  relation  is  very 
complicated  and  might  easily  bead  to  conflicts. 

SELECTED  BIBLIOGRAPHY 

BORGEAUD,  CHARLES.  "Adoption  and  Amendment  of  Con- 
stitutions." 

BURGESS,  J.  W.  "Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  I.  pp.  155  ff. 


[32] 


CHAPTER  IV 

THE  NATURE  OF  THE  GERMAN 
EMPIRE 

IF  we  should  compare  the  structure  of  the 
German  Empire  with  a  piece  of  architecture 
we  cannot  find  a  better  comparison  than  with 
the  old  Gothic  style.  It  is  a  building  com- 
posed of  several  parts,  great  and  small.  If  we 
take  away  one  of  them,  the  whole  loses  its  or  fed. 
character.  All  the  parts  are  in  harmony  and  help 
to  bring  out  the  splendor  of  the  whole.  It  is 
purely  German  in  its  character,  harmonious  in 
style.  To  make  it  more  venerable,  some  old 
statues  have  been  used  for  ornaments.  The  parts 
of  the  structure  are  the  several  states;  the  great 
central  piece  around  which  the  other  parts  group 
themselves  is  Prussia,  and  the  whole  is  the 
German  Empire.  To  continue  the  metaphor,  we 
may  say  that  the  foundation  of  the  German  Em- 
pire did  not  mean  the  construction  of  a  new  build- 
ing, but  the  addition  of  certain  parts,  which  had 
to  be  added  in  order  to  complete  its  architectural 
beauty. 

This    view   is    generally  recognized.1      It  was 
formulated  by  the  Representative  Miquel  in  the 

1  See   Arndt,   A.,   "Verfassung   des   deutschen   Reiches," 
p.  25. 

[33] 


GERMAN  GOVERNMENT  AND  POLITICS 

Reichstag  December  7,  1870,  in  the  following 
words:  "I  look  at  it  this  way,  that  the  legal  unit 
possessing  property  and  debts,  i.e.,  the  North 
German  Federation  is  not  destroyed,  but  remains 
in  existence;  that  other  states  join  the  Union  in 
accordance  with  the  Constitution  itself,  Article 
79,  and  that  therefore,  the  legal  unit  remains 
the  same." 

The  German  Empire  is  therefore  nothing  but 
the  legal  successor  of  the  North  German  Federa- 
tion. We  solve  the  problem  of  the  nature  of 
the  German  Empire  by  solving  that  of  the  North 
German  Federation.  On  the  other  hand,  the 
question  of  the  nature  of  the  German  Confed- 
eration of  1815  to  1866,  offers  no  problem  for  the 
jurist.  It  is  only  disputed  by  a  few  historians, 
who  deny  the  existence  of  non-unitary  states.1 
It  is  almost  universally  recognized  that  this  old 
German  Bund  was  a  confederation,  i.e.,  a  union 
of  sovereign  states,  bound  by  treaties  of  inter- 
national character. 

The  generally  accepted  view,  however,  that 
the  North  German  Federation,  and  consequently 
the  German  Empire,  was  a  federation  was  dis- 
puted by  a  very  able  young  Bavarian  professor, 
Max  Seydel.  The  arguments  against  Seydel's 
standpoint  were  led  by  Prof.  Albert  Hanel.  Both 
received,  as  they  themselves  confess,  most  valu- 
able suggestions  from  the  two  great  American 

1  E.g.,  Kloeppel,  "Dreissig  Jahre  deutscher  Verfassungs- 
geschichte." 

[34] 


NATURE  OF  THE  GERMAN  EMPIRE 

statesmen,  Calhoun  and  Webster,  and  it  would 
be  interesting  for  someone  familiar  with  the 
constitutional  law  of  both  countries  to  show 
in  detail  the  influence  of  these  Americans  on 
the  German  theorists. 

The  difference  of  opinion  in  the  United  States 
became  of  immense  practical  importance  in  con- 
nection with  economic  and  social  questions  and 
led  to  a  bloody  decision  in  the  Civil  War  between 
the  Northern  and  Southern  States,  which  settled 
the  difference  of  opinion  unquestionably  in  favor 
of  Webster's  point  of  view.  No  such  terrible 
danger  of  civil  war  ever  arose  in  the  German 
Empire,  because  of  the  preponderance  of  Prussia, 
but  nevertheless  it  is  all  important  from  the 
point  of  view  of  political  science  to  decide  this 
cardinal  question. 

Let  us  first  follow  the  arguments  of  Seydel  and 
his  followers.  In  1872  an  essay  appeared  in  the 
"Tiibinger  Staatswissenschaftliche  Zeitschrift" 
(pp.  185  ff.)  by  Seydel,  which  immediately 
made  a  name  for  its  author.  In  this  article  he 
discussed  the  conception  of  a  federation,  which 
had  been  constructed  by  the  well-known  historians 
Waitz  and  Toqueville,  and  which  was  once  uni- 
versally accepted  and  is  still  to  a  great  extent 
in  the  United  States.  This  conception  divided 
sovereignty  and  gave  part  of  it  to  the  Union  and 
part  of  it  to  the  several  states.  Seydel  in  his 
famous,  forceful  article  showed  that  division  of 
sovereignty  is  philosophically  illogical.  Supreme 

[35] 


GERMAN  GOVERNMENT  AND   POLITICS 

power,  a  superlative  —  he  asserted — excludes  the 

possibility  of  any  division.      So  it  must  belong 

s?ve'~       outright   to   the   states  or  to   the  Union.      This 

eignty 

indivisi-  reasoning  of  Seydel's  is  not  entirely  new.  Before 
him,  Bodin  and  the  great  jurist  of  the  Law  of 
Nature,  Samuel  von  Pufendorf,  had  spoken  de- 
cidedly against  the  possibility  of  the  division 
of  sovereignty,  but  their  views  had  been  entirely 
neglected.  Since  according  to  this  argument 
there  can  be  only  the  sovereignty  of  the  Union 
or  of  the  states,  there  is  no  such  institution  as  a 
federation.  The  state  is  either  a  unitary  state  or 
a  confederation,  and  as  Germany,  of  course,  is 
no  unitary  state,  it  is  a  confederation.  According 
to  Seydel's  opinion,  the  single  states  are  sovereign 
and  the  Union  a  temporary  one  based  on  a  con- 
tract, from  which  they  may  retire  as  soon  as  they 
desire.  This  contract  is  embodied  in  the  so-called 
August  Treaty. 

Sover-  Against  this  theory  many  objections  can   be 

noTan       raised.     In    the    first    place:    Is    sovereignty  an 
essential    essential  element  for  the  conception  of  a  state? 
m  the        We  deny  it.    There  exist  sovereign  and  non-sov- 
state         ereign  states  —  only  the  first,  to  be  sure,  being 
recognized  as  the  legal  subjects  of  international 
law.    We  replace  sovereignty  as  the  essential  ele- 
ment   of    statehood    by    Staatsgewalt,    "original 
governmental  authority."     Assuming  this  view, 
Seydel's  theory,  which  abolishes  that  union   of 
non-sovereign  states  which  is  called  a  federation, 
is  disproved.    The  German  states  are  real  states 
[36] 


NATURE  OF  THE  GERMAN  EMPIRE 

with  all  the  qualities  of  such,  with  governmental 
machinery  and  laws  binding  individuals  and  cor- 
porate bodies  under  their  government,  but  they 
are  not  sovereign. 

When  Dr.  Du  Buy  x  spoke  of  his  surprise  on    Mon- 
hearing  for  the  first  time  that  the  German  Empire   " j  J e 
should  properly  be  called  the  German  Republic  he   archy? 
expressed  the  opinion  of  every  student  beginning 
his  study  of  German  constitutional  law.     Those 
who  have  only  a  vague  idea  about  the  Constitu- 
tion of  the  German  Empire  get  the  idea  from  their 
newspaper  reading  that  the  Kaiser  is  the  monarch 
of  the  Empire,   the  Bundesrat  the  upper  house 
and  the  Reichstag  the  lower  house.     This  idea, 
held  by  nearly  all  foreigners,  is  absolutely  and 
completely  wrong. 

Section  IV,  Articles  11-19  °f  tne  Constitution, 
deals  with  the  position  of  the  Kaiser  and  bears  the 
headline:  " Praesidium  of  the  Federation."  The 
first  sentence  of  Article  n  reads,  "Thepraesidium 
of  the  Federation  is  given  to  the  King  of  Prussia, 
who  bears  the  name  of  German  Kaiser."  The 
Constitution  does  not  make  a  monarch  of  the 
Kaiser,  but  simply  confers  on  him  certain  limited 
presidential  powers,  much  less  extensive,  indeed, 
than  those  of  the  President  of  the  United  States. 
The  power  of  the  Kaiser  does  not  lie  in  his  posi- 
tion as  President  of  the  Federation,  but  as  the  sov- 
ereign of  the  strongest  member  of  the  Federation. 
Suppose  the  presidency  were  given  to  some  small 
1  "Two  Aspects  of  the  German  Constitution." 

[37] 


GERMAN  GOVERNMENT  AND  POLITICS 

state  like  Reuss,  older  line.  It  would  be  clear  then, 
how  little  the  presidency  means.  Per  se  the  posi- 
tion of  Kaiser  is  of  little  importance.  He  has  no 
rights  of  sovereignty.  He  has  only  formal  powers 
in  the  making  of  laws.  The  makers  of  the  consti- 
tution objected  to  the  title  "Kaiser  of  Germany" 
because  that  title  could  have  been  interpreted  to 
mean  that  the  Kaiser  was  sovereign  monarch  of 
the  Empire.  And  Bismarck  declared  several  times 
in  the  Constitutive  Imperial  Diet  of  the  North 
German  Federation  that  sovereignty  did  not  be- 
long to  the  Kaiser.  Imperial  sovereignty  rests 
with  the  twenty-six  members  of  the  Federation  in 
their  "totality."  They  have  always,  through  that 
organ  of  the  Empire,  which  peculiarly  represents 
them,  the  Bundesrat,  the  last  word  in  expressing 
the  will  of  the  Union  in  laws,  including  consti- 
tutional amendments.  Thus  Germany  is  not  a 
Monarchy  but  a  Polyarchy. 

It  has  been  questioned  whether  the  members  of 
the  Bundesrat  are  the  states  or  the  princes.  This 
problem  will  be  discussed  later  on.  For  the  present, 
it  is  only  necessary  to  note  the  actual  condition. 
With  the  exception  of  three  republics,  the  free 
cities,  the  German  states  are  monarchies,  in  which 
the  reigning  princes  are  sovereign  and  have  there- 
fore the  right  to  determine  the  representation  of 
the  state  in  the  Bundesrat.  Hence,  its  members 
are  with  the  exception  of  three,  delegates  of 
reigning  princes.  The  Empire  is  therefore  an 
aristocracy.  It  is  an  aristocratic  polyarchy. 

[38] 


NATURE  OF  THE  GERMAN   EMPIRE 

The  Constitution  of  the  German  Empire  does   parUa- 
not  establish  the  parliamentary  form  of  govern-  orpresi- 
ment.    It  may  be  that  in  the  far  future  the  Eng-   dential 

govera- 

lish  form  of  the  political  responsibility  of  the  ment? 
Chancellor  of  the  Empire  will  gradually  be  intro- 
duced. The  parties  of  the  Left  in  the  Reichstag 
are  pleading  for  it.  But  until  now,  no  real  tend- 
ency towards  the  parliamentary  form  of  govern- 
ment can  be  observed,  in  spite  of  the  wishes 
of  the  Liberal,  Radical  and  Social-Democratic 
Parties.  Of  course,  if  a  chancellor  is  permanently 
without  the  support  of  a  majority  in  the  Reichstag, 
so  that  no  legislation  is  possible,  it  is  clear  that 
he  must  give  up  his  position.  This  was  the  case 
with  Prince  von  Billow.  He  had  excited  the  op- 
position of  the  majority  in  the  Reichstag  —  the 
"  Blue-Black  Bloc,"  i.e.,  Conservatives  and  Cler- 
icals—  so  that  they  refused  to  compromise  with 
him  in  his  financial  reforms.  The  Imperial  Gov- 
ernment is  supposed  to  be  above  parties  and  take 
its  majority  from  all,  its  leading  motive  always 
being  the  welfare  of  the  whole.  And  although 
the  Secretaries  of  State  of  the  Empire  have  mostly 
belonged  to  the  Right  Wing  of  the  Reichstag, 
nevertheless  sometimes  men  of  Liberal  view  have 
been  appointed  Secretaries,  e.g.,  Dernburg,  and 
Wermuth  now  mayor  of  Berlin.  Bismarck  in 
the  Prussian  Chamber  of  Deputies,  May  7,  1886, 
said:  "One  who  is  not  Minister  may  permit 
himself  the  luxury  of  representing  publicly  and 
officially  a  party  opinion;  in  a  ministerial  position 

[39] 


GERMAN   GOVERNMENT  AND   POLITICS 

as  leading  Minister,  I  cannot  accept  a  party  view 
permanently;  I  may  believe  it  useful  for  the 
country  to  emphasize  sometimes  one,  sometimes 
another;  however,  I  cannot  permanently  belong  to 
one  party,  but  I  have  to  ask  myself  always,  what 
is,  at  this  moment,  rebus  sic  stantibus,  useful,  what 
serves  the  end,  what  is  best  for  the  whole  coun- 
try? .  .  .  and  according  to  that  I  shall  have  to 
make  my  propositions,  in  spite  of  attacks  partly 
bitter  and  unjust."1 

In    forming    the    Union,    the    states    gave    up 

Relation     their  sovereignty  and  received  for  it  a  "share  in 

Empire       the  sovereignty  of  the  Empire."     Giving  up  their 

sovereignty  they  did  not  give  up  their  statehood. 

They  still  possess  original  governmental  authority 

1  "In  the  year  1885,  when  the  old  Kaiser  was  seriously  ill, 
Bismarck  had  a  conversation  with  the  Crown  Prince.  Many 
expected  a  gradual  change  to  the  parliamentary  form  of  gov- 
ernment, in  case  the  Crown  Prince  should  succeed  his  father. 
Under  those  circumstances,  it  would  have  been  impossible 
for  Bismarck  to  remain  in  office  as  the  Prince  wished.  There- 
fore, he  promised  to  continue  his  chancellorship  only  under 
the  condition,  that  the  new  Kaiser  would  be  opposed  to  a 
parliamentary  government.  Energetically,  the  Crown  Prince 
said,  'No  idea  of  it!'"  (i.e.,  parliamentary  government).  —  Bis- 
marck, "Gedanken  und  Erinnerungen,"  Vol.  II,  pp.  304-305. 

"A  leading  Minister  always  needs  the  help  of  parties  but 
he  can  never  subject  himself  to  the  rule  of  a  party."  —  Bis- 
marck in  a  speech  in  the  Reichstag  of  July  9,  1879. 

"In  Germany,  the  Ministers  are  not  organs  of  the  Parlia- 
ment and  of  its  temporary  majority,  but  they  are  the  entrusted 
representatives  of  the  Crown,"  etc.  —  Billow  in  a  speech  in 
the  Reichstag  of  November  14,  1906. 

[40] 


NATURE  OF  THE  GERMAN   EMPIRE 

and  not  until  all  of  these  powers  are  taken  away 
from  them  will  they  be  provinces  of  a  unitary 
German  state.  Already  many  powers  have  been 
taken  away  from  the  several  states  and  the 
German  Union  has  more  powers  than  the  Ameri- 
can Union.  These  subjects  of  Imperial  legislation 
are  enumerated  in  Article  4  of  the  Constitution. 
All  other  powers  are  left  to  the  states,  as:  making 
their  constitutions  as  long  as  they  are  not  contrary 
to  the  Imperial  Constitution,  regulating  their  own 
finances,  making  laws  relative  to  religion,  public 
instruction,  public  meetings,  water  and  road 
rights  (as  far  as  the  Empire  has  not  compe- 
tence), credit  of  the  state,  agriculture,  breeding 
of  animals,  forestry,  mining,  hunting  and  fishing. 
But  as  soon  as  a  law  of  the  single  state  becomes 
contrary  to  the  law  of  the  Union,  the  rule  is: 
"Reichsrecht  bricht  Landesrecht"  (Article  3), 
i.e.,  federal  law  takes  precedence. 

With  regard  to  the  administration  of  the  broad 
legislative  powers  of  the  Empire,  Germany  differs 
entirely  from  the  United  States.  For  while  in 
the  latter  the  laws  made  by  the  Union  are  also 
executed  by  it,  in  Germany  their  execution  is 
mostly  left  to  the  officers  of  the  single  states. 
This  is  not  laid  down  by  the  constitution  as  a 
principle,  neither  is  there  a  fixed  system  ac- 
cording to  which  the  relation  of  legislation 
and  its  administration  is  regulated.  Only  con- 
siderations of  convenience  are  employed  in  de- 
ciding this  question.  Foreign  affairs,  Postal  and 

[41] 


GERMAN  GOVERNMENT  AND  POLITICS 

Telegraph  matters  and  the  Imperial  Bank  are 
completely  or  almost  completely  administered  by 
the  Empire. 

Finally  Imperial  laws  are  passed  in  very  general 
terms  while  detailed  legislation  in  conformity 
with  them  is  left  to  the  several  states.  In  all  these 
cases,  however,  the  Empire  has  the  right  of  super- 
vision, in  order  that  all  legislation  may  be  in 
harmony  with  the  legislation  of  the  superior 
authority. 

The  competence  of  the  union  is  limited  by  the 
prM~  special  privileges  given  to  Bavaria,  Wiirtemberg, 
certain  Baden,  Alsace-Lorraine,  Bremen  and  Hamburg, 
states  These  exceptions  however,  not  being  essential, 
only  prove  the  general  rule.  It  would  be  wrong 
theoretically  to  declare  the  union  non-sovereign 
because  it  has  no  right  to  take  away  these  priv- 
ileges. They  may  be  abolished,  only  with  the  con- 
sent of  the  state  itself  in  the  Bundesrat.  These 
privileges  are  generally  grouped  into  two  classes: 
Special  privileges  (Organisationsprivilegien,  Ver- 
fassungssonderrechte)  and  reserved  privileges  (Re- 
servatrechte,  Exemptionsprivilegieri).  To  the  first 
class  belong  those  special  rights  which  give  to  a 
state  a  certain  position  in  the  organization  of  the 
Empire,  e.g.,  the  hereditary  right  of  Prussia,  that 
its  Crown  be  always  joined  with  that  of  the  Em- 
pire, the  right  of  each  state  to  have  a  certain  num- 
ber of  votes  in  the  Bundesrat,  as  enumerated  in 
R.  V.,  Article  6,  the  right  of  Bavaria  to  preside 
in  the  Bundesrat  as  substitute  for  Prussia,  the 
[42] 


NATURE  OF  THE  GERMAN   EMPIRE 

right  of  Bavaria,  Saxony  and  Wiirtemberg  to 
be  always  represented  in  certain  committees  of 
the  Bundesrat  (R.  V.,  Article  8).  Reserved  priv- 
ileges on  the  other  hand  are  all  those  which  ex- 
empt a  state  from  the  legislation  and  supervision 
of  the  Union  in  regard  to  a  matter  which  other- 
wise is,  or  may  be,  regulated  by  the  Union.  Of 
these  privileges,  Bavaria  has  a  good  many: 
domicile  and  settlement  in  relation  to  poor  re- 
lief (R.  V.,  Article  4,  I1);  railroad  regulation 
(R.  •  V.,  Article,  42-46);  military  matters;  legis- 
lation with  regard  to  post  and  telegraphs,  and  the 
enjoyment  of  the  income  therefrom  (as  given  in 
R.'V.,  Article  52).  Wiirtemberg  has  this  privilege 
and  also  some  privileges  of  minor  importance  in 
regard  to  the  organization  of  its  army.  (R.  V., 
"  Schlussbestimmung,"  Section  XL)  Bavaria, 
Wiirtemberg  and  Baden  have  the  right  to  levy 
taxes  on  wine  and  beer  produced  in  their  territory 
the  income  from  these  taxes  going  into  their 
treasuries.  (R.  V.,  Article  35.)  A  similar  privilege 
in  regard  to  spirituous  liquors  has  been  abolished 
with  the  consent  of  these  states.  (Law  of  June 
28,  1887,  Paragraph  47.)  R.  V.,  Article  34,  gives 
Hamburg  and  Bremen  a  large  territorial  region 

1  "The  following  matters  shall  be  under  the  supervision 
of  the  Empire,  and  subject  to  Imperial  legislation: 

"  Regulations  with  respect  to  the  freedom  of  migration, 
matters  of  domicile  and  settlement,  etc.  ...  so  far  as  these 
matters  are  not  already  provided  for  in  Article  3  of  this  Con- 
stitution, in  Bavaria,  however,  exclusive  of  matters  relating 
to  domicile  and  settlement." 

[43] 


GERMAN  GOVERNMENT  AND   POLITICS 

of  exemption  from  the  customs  duties  of  the 
Empire.  The  greatest  part  of  this  zone  came 
under  the  entire  authority  of  the  Union  Feb- 
ruary 16,  1882,  and  March  31,  1885,  upon  the 
motion  of  these  two  Hanse  cities.  There  is, 
however,  still  a  small  free  port  in  connection 
with  each  city. 

SELECTED  BIBLIOGRAPHY 

BURGESS,  J.  W.  "Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  I,  pp.  120  ff.;  pp.  158  ff.;  Vol.  II, 
pp. 27  ff. 

HOWARD,  B.  E.  "The  German  Empire,"  Chapter  II  (The 
Empire  and  the  Individual  States). 

HUDSON,  R.  "The  North  German  Confederation."  In 
"Political  Science  Quarterly,"  Vol.  61. 

Du  BUY,  J.     "Two  Aspects  of  the  German  Constitution." 

SHEPHARD,  W.  J.  "Tendencies  toward  Ministerial  Respon- 
sibility in  Germany."  In  "The  American  Political 
Science  Review,"  Vol.  V,  No.  i. 

LOWELL,  A.  L.  "Government  and  Parties  in  Continental 
Europe,"  Vol.  I,  pp.  242  ff. 


[44] 


A 


CHAPTER  V 

THE     REICHSTAG 

RTICLE  4  of  the  Constitution  enumerates 
in  sixteen  paragraphs  the  field  of  Imperial 


legislation   in  which    the    Reichstag  participates.    Func~ 
Comparing  it  with   the  legislative  power  of  the    the 
United  States  we  find  that  of  the  German  Empire   £"~" 
greater    and    more    important.      The    tendency 
toward  centralization   is  much   stronger  than  in 
the  United  States. 

Article  5  declares  that  the  Reichstag  is  a  co- 
ordinate factor  with  the  Bundesrat  in  Imperial 
legislation.  The  former  has  not  only  the  right 
to  participate  in  legislation  proposed  by  the 
Bundesrat,  including  the  budget,  but  it  may  also 
initiate  legislation.  As  a  matter  of  fact,  however, 
most  legislation  originates  in  the  BundesraL 

The  approval  of  the  Reichstag  is  also  necessary 
for  Imperial  loans  and  for  the  validity  of  certain 
ordinances,  where,  in  the  law  providing  for  the 
use  of  ordinance  power,  it  has  reserved  to  itself  this 
right  of  approval.  Treaties  become  binding  on 
citizens  only  if  passed  as  laws  by  the  Reichstag. 
The  Reichstag  cannot  be  prorogued  for  more  than 
thirty  days,  nor  more  than  once  during  the  same 
session  without  its  own  consent.  The  govern- 

[45] 


GERMAN  GOVERNMENT  AND  POLITICS 

ment  must  in  certain  cases,  especially  financial 
administration,  report  to  the  Reichstag.  It  may, 
or  in  some  cases  must,  approve  or  disapprove 
the  report.  Furthermore  the  Reichstag  has  the 
right  as  a  body  to  petition  the  Chancellor  or 
the  Bundesrat  to  call  attention  to  necessary  leg- 
islation or  administration.  Finally,  the  Reichs- 
tag, like  most  legislative  bodies,  is  the  judge 
of  the  election  of  its  members,  makes  its  own 
rules  for  the  conduct  of  its  business,  and  elects 
its  President,  Vice-President  and  Clerks. 

The  Reichstag  is  chosen  by  universal  adult  male 
suffrage,  secretly  and  directly  exercised.1  The 

Elections    franchise  is  fundamentally  that  of  the  constitu- 
te the  •  r     o  •     "  J-      1 

Reichs-      tion  or  1849.     Its  creation  was  a  radical  measure 
{°8  even  in   1867,  especially  when  we  consider  that 

Karl  Marx  and  the  young  Bebel  were  opposed  to 
it.  They  did  not  expect  much  from  it;  for  looking 
at  France  they  saw  its  abuse  under  the  regime 
of  Napoleon  III,  who  legitimized  all  his  actions 
by  force  elections.  However  Lassalle,  the  genial 
socialistic  demagogue,  foresaw  the  immense  value 
of  universal  suffrage  under  an  honest  govern- 
ment and  for  the  organization  of  a  political  party 
of  workingmen,  and  by  his  forceful  personality 
he  had  an  influence  upon  Bismarck's  determina- 

1  The  details  of  franchise  and  constituencies  are  regulated 
by  an  ordinance  of  the  Bundesrat  of  May  28,  1870  (with 
amendments  of  February  27,  1871,  December  i,  1873  an^ 
April  28,  1903)  based  upon  an  election  law  of  May  31,  1869. 
R.  V.,  Article  20,  Paragraph  I,  gives  the  general  principles. 

[46] 


THE  REICHSTAG 

tion  to  introduce  universal  suffrage  for  the  elec- 
tion of  the  Reichstag. 

Both  men  were  great  enemies  of  the  old  liberal- 
ism, which  they  intended  to  defeat  by  universal 
suffrage.  But  while  Lasalle  sought  to  destroy  the 
bourgeoisie  by  the  votes  of  the  industrial  workers, 
Bismarck  counted  on  the  conservative  mass  of 
the  country  population.  The  result  has  proved 
that  both  were  correct.  With  the  immense  de- 
velopment of  industry  and  the  promulgation  of 
socialistic  ideas,  the  mass  of  the  liberal  element  has 
deserted  the  party  of  that  name  and  turned  to 
the  socialistic  party,  while  the  rural  population 
is  the  stronghold  of  conservatism.  The  old 
Liberal  Party  now  is  without  decisive  power. 
Advocating  universal  suffrage,  the  Liberals  dug 
their  own  grave.  They  were  theorists,  not 
politicians. 

Quite  often,  recently  in  particular,  as  an  offset 
to  Liberal  criticism  of  the  Prussian  Three-Class 
System,  the  Reichstag  franchise  has  been  attacked 
by  Conservatives,  as  most  unjust,  because  it  equal- 
izes the  votes  of  the  educated  and  the  ignorant, 
of  the  rich  and  the  poor.  But  the  government 
has  always  upheld  universal  suffrage  as  the  best 
and  most  natural  suffrage  for  the  popular  rep- 
resentation of  Germany.  Defending  universal 
suffrage,  Bismarck  said  in  the  North  German 
Reichstag,  March  27,  1867:  "Universal  suffrage  has 
come  to  us  in  a  way,  as  an  inheritance  from  the 
development  of  the  German  desire  for  unity;  we 

[47] 


GERMAN   GOVERNMENT  AND   POLITICS 

had  it  in  the  Constitution,  as  it  was  drawn  up 
at  Frankfort;  we  confronted  Austria  with  it  in 
1866,  and  I  can  only  say  that  I  at  least  know 
of  no  better  electoral  law.  .  .  .  The  solid  mass 
of  population  should  predominate  at  the  elec- 
tions." 

According  to  Paragraph  5  of  the  Election  Law, 
constu-      a  population  of  100,000  was  to  elect  one  repre- 

uencies  .  -11  i  i 

sentative  with  the  proviso  that  each  state  was  to 
have  at  least  one  representative.  A  surplus  of 
50,000  was  to  entitle  the  state  to  another  repre- 
sentative. Prussia  received  235,  Bavaria  48, 
Saxony  23,  Wiirtemberg  17,  Baden  14,  Hesse  9, 
Mecklenburg-Schwerin  6,  Mecklenburg-Strelitz  i, 
Oldenburg  3,  Braunschweig  3,  Saxe-Meiningen  2, 
Saxe-Altenburg  i,  Saxe-Koburg-Gotha  2,  Anhalt 
2,  Schwarzburg-Rudolstadt  i,  Schwarzburg-Son- 
dershausen  I,  Waldeck  I,  Reuss  older  line 
i,  Reuss  younger  line  i,  Schaumburg-Lippe  i, 
Lippe  i,  Lauenburg  i,  Liibeck  i,  Bremen  i, 
Hamburg  i,  Alsace-Lorraine  15. 

The  last  clause  of  the  section  referred  to  pro- 
vided that  the  adjustment  of  the  number  of 
representatives  to  an  increasing  population  should 
be  settled  by  law.  However,  in  spite  of  the  enor- 
mous concentration  of  the  German  people  in 
cities  in  consequence  of  industrial  and  commercial 
development,  the  constituencies  have  remained 
the  same,  so  that  now  the  sixth  district  of  Berlin 
represents  219,780,  Bochum  163,000,  Teltow- 
Beskow-Storkow  338,800,  while  Deutsch  Krone 

[48] 


THE   REICHSTAG 

represents    only    12,990,   and   Lotzen-Angerburg 
15,500  qualified  voters. 

Undoubtedly  if  the  franchise  is  to  be  treated 
as  a  question  of  arithmetical  exactness,  there  ex- 
ists great  political  injustice  in  this  apportionment 
of  representation.  This  is  the  opinion  of  the 
parties  of  the  Left,  especially  of  the  Social-Demo- 
crats who  have  time  and  again  demanded  a  reform 
of  constituencies.  But  the  government  and  the 
conservative  parties  are  of  the  opinion  that  the 
Reichstag  should  represent  the  different  classes. 
If  on  the  arithmetical  basis  of  population  the 
constituencies  were  changed,  industry  would 
have  too  big  a  representation  as  compared  with 
agriculture.  For  example,  the  groups  of  the  Con- 
servative Party  having  74  deputies  in  1912  repre- 
sented 1,933,000  voters,  while  the  Socialists  with 
no  seats  were  supported  by  4,250,000  voters. 
In  other  words,  the  Social-Democrats  would 
have  more  than  twice  as  many  deputies  as  the 
Conservatives  in  case  of  an  arithmetical  redis- 
tribution. 

Of  the  397  constituencies  243  are  rural,  i.e., 
districts  in  which  the  majority  of  the  population 
lives  in  communities  of  less  than  2,000  inhabitants. 
Of  these  the  Liberals  have  60,  the  Conservative 
Groups  67,  the  Clerical  Group  92,  and  the  So- 
cialists only  24,  all  secured  in  1912.  Of  the  154 
urban  districts,  the  Social-Democrats  have  86, 
the  Liberal  Groups  32,  the  Conservative  Groups 
only  5,  and  the  Clerical  Group  31. 

[49] 


GERMAN   GOVERNMENT  AND   POLITICS 

Every  male  German  citizen  who  has  finished  his 
Quaiifi-  twenty-fifth  year  is  a  qualified  voter  in  the  state 
and  and  constituency  where  he  resides.  The  right  to 
disquaii-  vote  is  suspended  for  persons  active  in  military  or 

Stations  .  .     .  . 

for  naval  service  or  the  army  or  the  navy,  excepting 

voters        so-called  Militdrbeamte  (Chaplains,  Judges,  etc.). 

The  following  classes  are  disqualified  from  voting: 

1.  Persons  who  are  under  guardianship. 

2.  Bankrupts,    during    the    process    of    bank- 
ruptcy. 

3.  Persons  who  have  received  alms  from  public 
or  communal   funds   during   the  year   preceding 
the  election. 

Any  qualified  voter  who  has  been  a  citizen  of 
any  of  the  states  of  the  Union  for  one  year  may 
be  elected  to  the  Reichstag. 

The  date  for  the  elections,  which  in  general 
The  elections  has  to  be  the  same  for  the  whole  Empire, 
election  js  nxej  by  an  Imperial  ordinance.  Special  elec- 
tions, which  in  other  respects  are  treated  like  gen- 
eral elections,  take  place  if  the  person  elected  does 
not  accept  the  election,  if  his  election  is  declared 
void,  or  if  his  seat  becomes  vacant  during  the 
legislative  period.  Each  constituency  is  subdi- 
vided into  districts.  In  each  district  lists  of  the 
qualified  voters  have  to  be  made  and  deposited 
for  public  inspection.  This  has  to  be  done  at 
least  four  weeks  before  the  election  occurs.  Ob- 
jections to  the  list  may  be  raised  within  eight  days. 
Only  persons  registered  may  vote.  In  case  of 
special  elections,  which  take  place  within  one 
[50] 


THE  REICHSTAG 

year  after  the  general  elections,  new  election  lists 
are  not  necessary. 

The  election  board  consists  of  a  chairman,  his 
substitute,  a  registrar  and  three  to  six  adjuncts. 
All  these  offices  are  honorary  and  unpaid  and 
may  not  be  held  by  officers  directly  in  the  service 
of  the  state.  The  envelope  for  the  ballot  must  be 
the  same  for  every  candidate.  The  election  be- 
gins at  10  A.M.  and  ends  at  7  P.M.  After  the 
election  is  over  the  votes  are  counted  by  the 
election  board.  The  record  of  the  election  and  all 
documents  pertaining  to  the  election  are  then 
sent  to  the  election  commissioners  of  the  con- 
stituency, who  are  nominated  by  the  superior 
administrative  authority.  On  the  fourth  day  after 
the  election,  the  result  must  be  published  in  the 
official  papers. 

An  absolute  majority  is  necessary  for  election. 
If  no  candidate  has  a  majority  a  new  election, 
not  later  than  fourteen  days  after  the  general 
election,  takes  place  between  the  two  candidates 
who  received  the  highest  number  of  votes.  This 
is  called  a  "StifktoaU."  A  tie  is  settled  by  lot. 
The  expenses  of  the  election  are  paid  almost 
entirely  by  the  constituency. 

The  Criminal  Code  of  Germany  protects  elec-   Special 
tions   to   the   Reichstag.     Its   provisions   read    as   ^^jT 

follows :  elections 

"§  107,  He  who  by  force  or  by  threat  with  a 
criminal  act  prevents  a  German  from  exercising 
his  civil  right  to  elect  or  vote,  will  be  punished  with 

[51] 


GERMAN  GOVERNMENT  AND  POLITICS 

imprisonment  for  not  less  than  six  months  or 
with  confinement  in  a  fortress  for  not  less  than 
five  years." 

"§  108,  He  who  in  the  exercise  of  a  public  duty 
is  charged  with  the  collection  of  ballots  or  with 
the  preparation  of  the  announcement  of  the  result 
of  the  election,  and  intentionally  brings  about  a 
wrong  result  of  the  election  or  falsifies  the  result 
will  be  punished  with  imprisonment  of  from  one 
week  to  three  years." 

"If  the  act  be  committed  by  a  person  who  is 
not  charged  with  the  collection  of  ballots  or  other 
duty  in  connection  with  the  election,  the  same  is 
subject  to  imprisonment  for  not  more  than  two 
years." 

"He  may  also  be  deprived  of  his  civil  rights." 

"§  109,  He  who  purchases  or  sells  a  vote  in 
connection  with  a  public  transaction,  will  be  pun- 
ished by  imprisonment  for  from  one  month  to  two 
years;  he  may  also  be  deprived  of  his  civil 
rights." 

The  Reichstag  is  judge  of  its  own  elections. 
Settle-  The  first  investigation  of  the  returns,  which  are 
disputed  transferred  to  the  Reichstag  by  the  different  states, 
elections  js  macje  {n  the  seven  sections  (Abteilungen)  of  the 
Reichstag,1  to  which  the  different  returns  are 
distributed  by  lot.  In  case  of  any  objection  in 
these  sections,  the  validity  of  the  election  is  de- 
termined by  a  special  committee  of  the  Reichstag 
(Wahlpriifungs-Kommission),  which  is  elected  for 
1  See  p.  54. 

[52] 


a^tTcf 
O.S.&0 

IM1; 

Sg^o 

oJ-'fcCD 
3^      3 

5-5^  o 
con>  Q 
^  3 


THE  REICHSTAG 

each  session.  Until  a  decision  is  reached,  the 
deputy  elected  on  the  face  of  the  returns,  retains 
his  seat. 

As  in  all  the  continental  European  countries, 
the  seats  of  the  Reichstag  are  arranged  in  a  semi- 
circle,  faced  by  the  platform  for  the  speaker  and    the 
the    presiding   officer   and    other   officers   of   the   Reichs- 
Reichstag.     To   the  left    and   right  are  seats  for 
members  of  the  Bundesrat. 

Viewed  from  the  speaker's  platform  we  find  the 
conservative  parties  on  the  right  wing,  the  Cler- 
icals next,  to  the  left  the  liberal  groups  and  on 
the  extreme  left  the  Socialists,  from  which  loca- 
tion results  the  naming  of  the  "Right"  (Con- 
servatives), the  "Center"  (Clericals),  the  "Left" 
(Liberals),  and  the  "Extreme  Left"  (Socialists). 

At  its  first  meeting,  a  new  Reichstag  is  called 
to  order  by  the  senior  member  as  President  pro 
tern.  As  soon  as  a  quorum  is  present,  the  Reichs- 
tag elects  a  President,  two  Vice-Presidents,  and 
eight  Clerks.  The  presiding  officers  are  elected 
for  a  period  of  four  weeks  at  the  beginning  of  each 
new  Reichstag,  then  for  the  rest  of  the  session  and 
at  the  beginning  of  each  following  session  for  the 
whole  session.  The  Clerks  are  elected  for  one 
session. 

The  presiding  officers  are  naturally  taken  from  Presiding 

,  .      .  &  .,    ,  *  .      .  Officers 

the  majority,  or  it  there  is  no  one  party-majority, 
from  a  coalition  of  parties  furnishing  a  majority. 
So  far  the  Conservatives  have  had  six  Presidents, 
the  Free  Conservatives  one,  the  National-Liberals 

[53] 


GERMAN  GOVERNMENT  AND  POLITICS 

two,  the  Clericals  three,  and  the  Liberals  one. 
The  Socialists  succeeded  for  the  first  time  in  1912 
in  electing  one  of  their  members  as  first  Vice-Presi- 
dent.  The  presiding  officers  are  for  the  most  part 
prominent  members  of  their  party  although  not 
the  leaders.  They  are  supposed  to  and  generally 
do  perform  their  duties  impartially.  Besides 
their  duty  of  presiding  over  the  meetings  they 
have  the  right  to  be  present  at  the  meetings  of 
the  committees  and  the  sections,  to  appoint  the 
administrative  paid  officials  of  the  Reichstag  and 
from  among  the  members  two  Quaestors  for  the 
supervision  of  the  finances  of  the  Reichstag. 

To  keep  the  House  to  the  orderly  prosecution 
of  its  business,  the  presiding  officers  may  call  a 
member  to  order.  In  case  of  frequent  violation 
of  parliamentary  rules  the  member  may  be  re- 
duced to  silence  following  a  resolution  of  the 
Reichstag,  or  in  case  of  a  serious  disturbance  he 
may  be  removed  from  the  meeting.  If  the  House 
is  totally  in  disorder  the  President  may  close  the 
meeting.  Spectators  have  no  right  to  applaud 
or  show  any  sign  of  discontent.  To  enforce  this 
rule,  the  balconies  may  be  cleared  at  the  order 
of  the  presiding  officer.  The  order  in  the  Reichs- 
tag is  in  general  as  good  as  that  of  the  most 
decorous  parliaments.  The  most  disturbing  ele- 
ment is  the  Social-Democrats. 

At  the  opening  of  the  Reichstag  the  members 
and'com-  are  divided  by  lot  into  seven  equal  sections  or 
mittees  Abteilungen.  These  Abteilungen  make  the  pre- 

[54] 


THE  REICHSTAG 

liminary  investigation  of  the  validity  of  the 
elections.1  The  Abteilungen  are  permanent  un- 
less recomposed  at  the  request  of  fifty  deputies. 
Furthermore  they  have  in  their  hands  the 
formation  of  the  committees.  Each  elects  an 
equal  number  of  men  to  each  committee  (Kom- 
mission).  The  only  permanent  committee  for 
the  duration  of  the  session,  is  that  for  the  de- 
tailed investigation  of  elections.  Each  com- 
mittee elects  a  chairman,  a  clerk,  and  a  member 
to  report  the  result  of  its  deliberations  to  the 
Reichstag.2  The  report  is  either  oral  or  writ- 
ten. It  must  be  written  if  so  requested  by  a 
majority  of  the  Reichstag.  Any  member  may  be 
present  at  the  meetings  of  a  committee  unless  the 
Reichstag  decides  to  exclude  all  who  are  not 
official  members.  Members  of  the  Bundesrat 
and  their  representatives  must  always  be  ad- 
mitted as  deliberating  members  and  the  Chan- 
cellor must  be  notified  of  the  subjects  under 
discussion.  Thus  a  needful  amount  of  publicity 
in  the  committees  is  provided  for. 

The  order  of  speakers  is  fixed  by  the  presiding 
officer,  but  he  must  arrange  them  according  to 
the  order  in  which  they  have  asked  for  a  partici- 
pation in  the  discussion.  Those  who  bring  in  a 
bill  or  a  report  of  a  committee  must  always  by 
request  be  heard  at  the  beginning  and  end  of  the 
discussion.  The  speakers  speak  either  from  their 

1  Cf.  p.  52. 

2  As  to  the  importance  of  the  committees,  see  p.  113. 

[55} 


GERMAN  GOVERNMENT  AND   POLITICS 

seats  or  from  the  speaker's  platform.  Speeches 
must  not  be  read  unless  the  speaker  is  not  able 
to  speak  in  German. 

The  adjournment  of  the  meeting  and  the  end  of 
the  debate  is  decided  by  the  majority  of  the 
Reichstag  at  the  request  of  any  thirty  members. 
Vote  is  taken  according  to  the  rules  generally 
known  in  legislative  bodies. 

The  Reichstag  has  the  right  of  interpellation 
of  the  Bundesrat.  Thirty  members  have  to 
second  the  interpellation.  But,  since  the  Chan- 
cellor and  the  Bundesrat  are  not  politically  respon- 
sible, the  interpellations  would  be  more  correctly 
termed  questions.  If  the  Chancellor  wishes 
to  answer  the  question  he  sets  the  date  for  the 
answer.  This  may,  on  the  request  of  fifty 
members,  be  followed  by  a  general  discussion. 
The  vote  of  the  members  of  the  Reichstag  upon 
the  answer  —  a  formality  recently  added  to  the 
rules  —  is  in  reality  meaningless.  Addresses  to 
the  Kaiser  may  be  sent  or  personally  transmitted 
to  him,  in  which  case  the  president  of  the  Reichs- 
tag alone  is  the  speaker.1 

Members  of  the  Reichstag  retain  their  seats  for 

Legal  five  years,  unless  the  chamber  be  sooner  dis- 
position .  „.  r  .  .  . 
of  the  solved,  ihey  are  tree  to  resign  any  time.  A 

members    member   loses   his   seat   if  he  accepts  a  salaried 
Reichstag   official    position    for    the    first    time,   or,   if  an 
officeholder    when    elected,    is    appointed    to    a 
higher    position,     the     theory     being     that     the 
1  About  the  passage  of  a  bill  see  in  detail  Chapter  VII. 
[56] 


THE  REICHSTAG 

conditions  under  which  he  received  the  confi- 
dence of  his  constituents  have  been  changed. 

The  members  of  the  Reichstag  are  given  the 
following  privileges,  by  the  Constitution: 

"Article  30.  No  member  of  the  Reichstag 
shall  at  any  time  suffer  legal  or  disciplinary  prose- 
cution on  account  of  his  vote,  or  on  account  of 
utterances  made  while  in  the  performance  of  his 
functions,  or  be  held  responsible  in  any  other  way 
outside  of  the  Reichstag." 

"Article  31.  Without  the  consent  of  the  Reichs- 
tag, no  one  of  its  members  shall  be  tried  or  arrested 
during  the  session  for  any  penal  offense,  unless 
he  be  taken  in  the  commission  of  the  offense,  or 
during  the  course  of  the  following  day.  Like 
consent  shall  be  required  in  the  case  of  arrest 
for  debt." 

"At  the  request  of  the  Reichstag  all  criminal 
proceedings  instituted  against  one  of  its  members, 
and  all  detentions  for  the  purpose  of  judicial 
inquiry  or  in  civil  cases,  shall  be  suspended  during 
its  sessions." 

The  deputies  in  the  Reichstag  are  not  in  legal 
contemplation  bound  by  the  instructions  of  their 
states  or  constituencies.  The  Constitution, 
(Article  29)  expressly  states  that  "the  members  of 
the  Reichstag  are  the  representatives  of  the  peo- 
ple as  a  whole,  and  shall  not  be  bound  by  orders 
or  instructions."  As  a  matter  of  fact  they  do 
not  occupy  themselves  with  local  legislation 
pleasing  to  their  districts  to  the  neglect  of  ques- 

[57] 


GERMAN  GOVERNMENT  AND  POLITICS 

tions  of  general  welfare  to  any  such  degree  as  do 
Representatives  in  the  Congress  of  the  United 
States,  or  the  members  of  the  lower  houses  in 
France  and  Italy. 

Until  May  21,  1906,  the  deputies  received  no 
remuneration  for  their  service  in  the  Reichstag. 
It  was  Bismarck's  opinion  that  salaries  would  in- 
duce the  deputies  to  prolong  sessions.  Since  a 
deputy  is  obliged  to  give  almost  his  whole  time 
to  his  activity  in  the  Reichstag,  many  who  would 
have  made  excellent  candidates  hesitated  to  seek 
election  to  it.  On  the  other  hand  it  was  feared 
that  the  payment  of  members  would  create 
a  class  of  professional  politicians.  Bismarck 
desired  the  Reichstag  to  represent  all  the  dif- 
ferent interests  of  Germany,  industry,  agri- 
culture, labor  and  the  professions.1  The  sessions 
of  the  Reichstag,  however,  proved  to  be  poorly 
attended,  often  failing  of  the  necessary  num- 
ber to  carry  on  the  business  of  the  body.  In  the 
hope,  therefore,  of  securing  a  greater  share  of  the 
time  of  members  for  their  representative  duties 
they  were  given  an  annual  salary  of  3,000  marks 
($750)  from  which  the  sum  of  twenty  marks  is 
deducted  for  every  meeting  not  attended.  In 
addition  they  were  continued  in  the  privilege 
formerly  enjoyed  of  free  transportation  on  the 
German  railroads.  Unfortunately  the  introduc- 
tion of  salaries  has  not  had  the  desired  result. 
The  salary  itself,  one  tenth  that  of  members  of 
1  Compare  his  speech  in  the  Reichstag  of  April  19,  1871. 

[58] 


THE  REICHSTAG 

the  Congress  of  the  United  States,  seems  rather 
inadequate  and  free  transportation  encourages 
running  home  on  the  slightest  pretext. 

The  St.  Paul's  Parliament  of  1849  at  Frank- 
fort-on-the-Main  was  one  of  the  most  remarkable  ThePfr- 

sonnel 

popular  representative  bodies  the  world  has  ever  of  the 
seen.  The  intelligence  of  all  Germany  was  as- 
sembled  to  discuss  the  future  of  the  country,  and 
in  theoretical  depth  its  discussions  have  never 
been  surpassed.  But  unfortunately  it  was  too 
theoretical.  Its  members  took  too  much  pleas- 
ure in  the  brilliant  scintillations  of  oratory. 
They  followed  vague  ideals,  defending  them 
with  dogmatic  fanaticism,  scorning  to  seek 
the  attainable  through  compromise.  Their  bad 
example,  unrelieved  by  their  brilliancy,  was  fol- 
lowed by  the  Prussian  House  of  Representatives 
in  the  period  intervening  before  the  establish- 
ment of  the  North  German  Confederation.  When 
after  the  wars  of  1866  and  1870-71  the  German 
Empire  was  created,  a  new  problem  arose  for  the 
representatives  of  the  people.  They  had  to  help 
build  up  the  great  structure,  the  foundations 
of  which  had  been  laid  by  Bismarck.  This 
work  attracted  again  the  ablest  political  minds 
of  the  Germans.  Thus  the  first  Reichstag 
contained  a  number  of  fine  personalities  and 
the  average  capacity  of  its  members  was  rela- 
tively high.  Gradually,  however,  it  has  de- 
clined. After  the  great  national  problem,  the 
inner  unification  of  the  Empire,  had  been  dealt 

[59] 


GERMAN  GOVERNMENT  AND  POLITICS 

with,  the  detail  work  of  legislation  with  all  its 
petty  struggles  began.  The  parties  lost  their 
national  character  and  became  the  representa- 
tives of  special  economic  and  social  classes.  Dis- 
gusted, many  men  of  statesmanlike  qualities  and 
high  ideals  turned  away  and  left  the  seats  in  the 
Reichstag  to  average  politicians.  A  great  deal  of 
this  decline  in  personnel  is  due  to  the  growth  of  the 
Social-Democratic  party.  Although  they  count 
some  excellent  parliamentarians  among  their 
members,  the  average  Social-Democratic  deputy 
is  a  man  of  comparatively  little  education  and 
of  narrow  views.  The  Reichstag,  it  is  generally 
conceded,  has  disappointed  the  hopes  of  the  more 
intelligent  people.  Nevertheless,  it  compares 
favorably  with  other  legislative  bodies. 

Eighty-three  of  the  no  Social-Democratic 
members  were  formerly  workingmen  or  em- 
ployees. 

Of  the  teaching  members  7  are  university  pro- 
fessors and  the  same  number  professors  of  inter- 
mediate schools.  The  judges  are  most  of  them 
of  high  rank.  Among  the  state  officers  there  are 
I  former  Secretary  of  State,  3  Privy  Councilors 
and  i  Councilor  of  Legation. 

The  number  of  members  of  the  nobility  has 
steadily  decreased.  While  the  Reichstag  of  the 
North  German  Federation  contained  a  majority 
of  noblemen  the  present  Reichstag  has  only  57, 
of  whom  27  belong  to  the  Right,  14  to  the  Center 
and  Guelfs  and  8  to  the  Poles  One  hundred  and 

[60] 


THE  REICHSTAG 


eighty-nine  members  have  served  in  the  army; 
80  were  officers  of  the  reserve,  among  them 
2  generals.  This  fact  is  of  importance,  since  mili- 
tary legislation  is  one  of  the  most  important  parts 
of  German  legislation  and  the  Reichstag  should 
have  enough  experts  to  judge  of  the  govern- 
ment projects  and  the  administration  of  the  army. 
The  following  diagram  gives  a  general  idea  of 
the  occupations  of  the  members  of  the  Reichstag 
in  1912. 


Agriculture 

Industry 

Commerce 

Trade 

Unskilled  Labor 

88 

S 

17 

21 

3 

41  members  belonged 

Only     one     member 

to  the   conservative 

belonged      to      the 

groups,  none  to  the 

Socialists. 

Socialists. 

Persons  living  on  their  private  means 


Professions 


2JO 

58  were  writers  and  journalists  (43 
of  these  were  Social-Democrats); 
21  clergymen  (20  of  these  were 
Catholic  priests);  22  professors  and 
teachers;  8  physicians  and  apothe- 
caries; 39  lawyers;  24  judges;  21 
state  officers;  7  communal  officers; 
50  professional  employees  or  Privat- 
beamte. 


Two  hundred  and  six  of  the  deputies  had  an 
academic  graduate  training,  61  of  the  Clericals, 

[61] 


GERMAN  GOVERNMENT  AND  POLITICS 

30  National  Liberals,  27  Socialists,  26  Liberals, 
20  Conservatives,  etc. 

Count  Kanitz  (Conservative)  and  Bebel  (So- 
cialist) 1  are  the  only  members  who  have  belonged 
to  the  Reichstag  since  the  time  of  the  North 
German  Federation.  Besides  these  two  men  there 
is  one  Clerical  who  has  had  a  permanent  seat  in 
the  Reichstag  since  1871.  Eight  of  the  present 
members  have  had  a  seat  since  the  70*5,  but  with 
intermissions.  Two  hundred  of  the  deputies 
elected  in  1912  had  not  belonged  to  the  preced- 
ing Reichstag,  out  of  which  number  however  37 
had  belonged  to  some  other  Reichstag.  As  to  the 
age,  there  were  two  older  than  80  years,  13  be- 
tween 70  and  80,  126  between  50  and  60,  143 
between  40  and  50  and  2  under  30  years  of  age. 

In  regard  to  religion  the  present  Reichstag 
contained  180  Protestants,  130  Catholics,  69 
Dissidents  (all  Socialists),  8  Free  Thinkers  and 
i  Free  Catholic  (all  Socialists),  7  Jews,  and  one 
whose  religious  affiliation  is  not  given. 

Most  of  the  deputies  have  had  some  previous 
political  training  in  the  service  of  cities  or  other 
local  government  divisions. 

These  data  show  that  the  German  Reichstag, 
though  not  a  body  of  well-trained  statesmen,  is 
nevertheless  a  fair  representative  assemblage  of 
all  the  different  types  of  German  voters  and  stands 
comparison  with  any  second  legislative  chamber  in 
the  world  except  the  English  House  of  Commons. 
1  Both  men  died  recently. 

[62] 


THE  REICHSTAG 

SELECTED  BIBLIOGRAPHY 

BURGESS,  J.  W.  "Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  II,  Division  II,  Chapter  III 
(The  Construction  of  the  German  Imperial  Legislature). 
Chapter  VIII  (The  Powers  of  the  German  Imperial 
Legislature).  Chapter  IX  (Comparison  of  the  Consti- 
tutions of  the  United  States  and  the  German  Empire 
upon  the  Subject  of  Legislative  Powers). 

OGG,  F.  A.     "The  Governments  of  Europe,"  pp.  223  ff. 

LOWELL,  A.  L.     "Government  and  Parties  in  Continental 
Europe,"  Vol.  I,  pp.  252  ff. 

HOWARD,  B.  E.     "The  German  Empire,"  Chapter  V. 


[63] 


CHAPTER  VI 

THE     BUNDESRAT 

Bundesrat  corresponds  in  its  composition 
to  the  Plenum  of  the  Bundesversammlung  of 
its  com-  tne  German  Confederation.  Prussia  received  in 
addition  to  her  original  four  votes,  those  of 
Hanover  (4),  Electoral  Hesse  (3),  Holstein  (3), 
Nassau  (2)  and  Frankfort-on-the-Main,  (i)  so 
that  this  state  now  has  seventeen  votes.  To 
these  must  be  added  the  three  votes  of  Alsace- 
Lorraine,  since  the  Governor  of  that  province- 
state  is  appointed  at  the  pleasure  of  the  King 
of  Prussia,  and  the  one  vote  of  Waldeck,  which 
by  a  treaty  has  given  her  administration,  and 
with  it  her  vote  in  the  Bundesrat,  to  Prussia. 
Bavaria  received  six  votes  instead  of  the  four  in 
the  German  Confederation.  This  concession  had 
been  made  to  it  in  the  Customs  Parliament  of 
1867-1870,  and  was  taken  over  into  the  Consti- 
tution of  the  new  Empire. 

The  rest  of  the  sixty-one  votes  are  distributed 
among  the  twenty-six  states  as  follows:  Saxony 
and  Wiirtemberg  four  votes  each,  Baden  and 
Hesse  three  each,  Mecklenburg-Schwerin  and 
Brunswick  two  each,  and  the  remaining  seventeen 
states  one  vote  each.  Alsace-Lorraine  has  three 
votes.  The  votes  of  Alsace-Lorraine  are  not 

[64] 


THE  BUNDESRAT 

counted,  if  Prussia  by  the  addition  of  these  votes 
alone  would  have  a  majority,  nor  in  case  of  a  tie, 
nor  in  case  of  amendments  to  the  Constitution. 

The  chairmanship  of  the  Bundesrat  belongs 
to  Prussia.  The  Chairman  is  the  Chancellor  of  Q*****- 
the  Empire.  This  chairmanship  may  be  dele-  the 
gated  by  the  Chancellor  to  a  Prussian  substitute  Bundes- 
or  any  other  member  of  the  Bundesrat,  but  by  a 
special  treaty  with  Bavaria  (November  23,  1870), 
this  state  has  the  privilege  of  being  the  first  of 
the  other  states  to  be  asked  to  take  the  chair. 
Theoretically  the  Bundesrat  is  not  a  permanent 
body.  According  to  Article  12  of  the  Constitu- 
tion, the  Kaiser  has  the  right  to  open,  adjourn 
and  close  the  Bundesrat.  But  in  fact  the  business 
of  the  Bundesrat  has  become  so  enormous  that  for 
many  years  it  has  been  in  permanent  session.  It 
must  be  convened,  whenever  a  meeting  is  de- 
manded by  one-third  of  the  total  number  of  votes,1 
also  whenever  the  Reichstag  is  in  session.2 

Each  member  of  the  Federation  has  the  right 
of  appointing  as  many  delegates  to  the  Bundesrat 
as  it  has  votes,  but  the  votes  of  each  must  be  cast 
as  a  unit.  In  practice,  however,  if  a  state  has  the 
right  to  several  delegates,  they  are  usually  not  all 
present. 

For  the  detailed  investigation  of  bills  the  Con- 
stitution 3    provides    for    eight    permanent    com-  c°™~ 
mittees,  on  of  the 

Bundes- 
1  R.  V.,  Article  14.  2  R.  V.,  Article  13.     rat 

3  R.  V.,  Article  8. 

[65] 


GERMAN  GOVERNMENT  AND  POLITICS 

1.  Army  and  Fortifications. 

2.  Marine  Affairs. 

3.  Customs  Duties  and  Taxes. 

4.  Commerce  and  Trade. 

5.  Railroads,  Posts  and  Telegraphs. 

6.  Judicial  Affairs. 

7.  Accounts. 

8.  Foreign  Affairs. 

On  each  of  these  committees  (Ausschiissi), 
Prussia,  and  four  other  states  must  be  represented. 
At  present  the  Committee  on  Marine  Affairs  has 
five  members,  while  all  the  others  have  seven. 
The  states  to  be  represented  are  selected  each 
year  by  the  Bundesrat,  except  in  the  case  of  the 
Committees  on  Army  and  Fortifications  and 
Marine  Affairs,  which  are  appointed  by  the 
Kaiser.  On  the  Committee  on  Army  and  Fortifi- 
cations Bavaria,  by  the  Constitution,  Wiirtem- 
berg  and  Saxony,  by  treaties,  are  guaranteed 
permanent  seats.  By  the  Constitution,  Bavaria 
is  given  the  chairmanship  of  the  Committee  on 
Foreign  Affairs.  The  other  two  kingdoms  have 
permanent  seats,  and  at  least  two  other  states 
must  be  represented.  This  committee  exercises 
a  supervision  over  the  conduct  of  foreign  relations 
which  are  administered  for  the  Empire  by  Prussia 
through  its  Ministry  of  Foreign  Affairs.  Before 
important  steps  in  diplomacy  are  undertaken 
the  committee  is  consulted  and  it  may  exercise 
a  sort  of  veto,  subject  to  the  decision  of  the  Bun- 
desrat  as  a  whole.  Besides  these  constitutional 

[66] 


THE  BUNDESRAT 

committees  there  exist  four  permanent  commit- 
tees (on  Alsace-Lorraine,  on  the  Constitution,  on 
order  of  business,  on  railroad  rates)  and  several 
others  created  temporarily  for  special  purposes. 
In  all  committees  each  state  has  only  one  vote. 
The  individual  member  to  serve  on  each  com- 
mittee is  designated  by  the  state  entitled  to 
representation. 

The  members  of  the  Bundesrat  are  delegates 
of  their  respective   states.     It   is   a   Staatenhaus   The 
and  represents  the  federal  principle  in  the  Empire.    Of  the 
The   delegates   are  not   the   peculiar  representa-   members 

of  the 

tives  ot  the  princes,  as  some  writers  say,  but  Bundes- 
of  the  states.  Their  instruction  is  the  internal  rat 
business  of  each  individual  state.  If,  for  instance, 
Baden  were  transformed  into  a  republic,  the 
Bundesrat  would  have  to  accept  the  instructed 
delegates  of  the  popular  sovereign  under  the 
same  conditions  as  it  now  accepts  the  delegates 
of  the  monarchical  sovereign.  In  fact  there  are 
twenty-two  delegates  instructed  by  princes  and 
three  instructed  by  the  Senates  of  republics. 
The  members  of  the  Bundesrat  are  responsible 
only  to  their  respective  states  for  their  conduct 
in  the  Bundesrat,  and  a  violation  of  their  duties 
is  punished  according  to  the  laws  of  the  juris- 
diction in  question.  The  Bundesrat  does  not 
therefore  investigate  the  instructions  of  the  dif- 
ferent members,  but  is  only  concerned  with  their 
right  to  be  members.  The  vote  of  the  delegate 
is  final,  a  fait  accompli.  The  fact  that  he  may 

[67] 


GERMAN   GOVERNMENT  AND  POLITICS 

have  violated  his  instructions  does  not  affect  the 
validity  of  measures  passed  with  his  assistance. 
The  members  of  the  Bundesrat  have  the  posi- 
tion of  diplomatic  officers  and  are  exempt  from 
the  jurisdiciton  of  Prussian  courts.1  Each  mem- 
ber of  the  Bundesrat  has  the  right  to  appear  in 
the  Reichstag  and  "must  be  heard  there  at  any 
time  he  shall  so  request,  in  order  to  represent  the 
views  of  his  government,  even  when  such  views 
shall  not  have  been  adopted  by  the  majority 
of  the  Bundesrat.'i "  Of  this  right  frequent  use  is 
made. 

German  theory  and  practice  have  never  sanc- 
tioned   the    "separation    of   powers"    advocated 
Func-        by    Montesquieu    and    accepted    in    the    United 
of  the        States.     On    the    contrary,    a    disconnection    of 
Bundes-     legislative  and   administrative  functions  has  al- 
ways been  considered  detrimental  to  the  harmony 
and    efficiency   of  government.     The   Bundesrat, 
the  most  important  legislative  organ  of  the  Em- 
pire, has  also  vast  administrative    and  judicial 
competence. 

As  an  organ  of  administration  the  Bundesrat 
has  an  extensive  ordinance  power.3  It  is  the  con- 
necting link  between  the  laws  made  by  the  Empire 
and  the  execution  of  these  laws  by  the  several 
states.  Article  7,  Clause  2,  of  the  Constitution 
says:  "The  Bundesrat  shall  take  action  upon  the 
general  administrative  provisions  and  arrange- 

1  R.  V.,  Article  10.  *  R.  V.,  Article  9. 

3  Cf.  p.  1 10. 

[68] 


THE   BUNDESRAT 

ments  necessary  for  the  execution  of  the  Imperial 
laws,  so  far  as  no  other  provision  is  made  by  law." 
Sometimes  the  law  makes  a  provision  giving  the 
ordinance  power  for  its  detailed  administration 
to  the  Kaiser,  the  Chancellor,  a  department  of 
the  Imperial  government  or  the  several  states. 
In  all  other  cases  the  power  is  exercised  by  the 
Bundesrat.  Furthermore,  clause  three  of  the  same 
article  gives  the  Bundesrat  the  power  of  taking  ac- 
tion upon  "defects  which  may  be  discovered  in 
the  execution  of  Imperial  laws"  or  of  their  general 
administative  provisions. 

Like  some  other  upper  houses  the  Bundesrat 
has  the  right  to  recommend,  propose  or  elect 
some  higher  administrative  officers.1 

In  order  to  bring  about  a  certain  unity  in  the 
administrative  system  of  the  Empire,  even  where 
a  specific  matter  is  left  to  the  several  states, 
it  is  sometimes  discussed  in  the  Bundesrat.  Of 
course  these  discussions  have  no  binding  author- 
ity. It  cannot  be  too  much  emphasized  that 
the  delegates  of  the  German  state  who  compose 
the  Bundesrat  for  making  laws  and  determining 
matters  of  administration  are  the  same  men  who, 
in  their  several  states,  have  to  do  with  the  en- 
forcement of  those  laws.  The  Bundesrat  is  an 
assembly  of  administrators,  of  leading  Ministers 
from  each  state.  Thoroughly  familiar  with  the 
administrative  needs  of  the  state  they  embody 

1  Cf.  Laband,  P.,  p.  62,  footnote  3,  and  R.  V.,  Articles  36 
and  56. 

[69] 


GERMAN  GOVERNMENT  AND   POLITICS 

them  into  law,  thus  giving  the  Empire  the  benefit 
of  an  experience  possessed  by  no  other  legislative 
body  in  the  world.  At  the  same  time  their  pres- 
ence in  the  federal  legislature  goes  far  to  minimize 
the  difficulties  which  have  appeared  in  other 
federations  where  the  power  of  executing  federal 
laws  has  been  left  to  the  states. 

As  a  judicial  organ  the  Bundesrat  has  the  posi- 
tion of  a  supreme  administrative  court.  As  such 
of  the  the  interpretation  of  the  Constitution,  so  far  as 
de^rat  provision  is  made  for  it  at  all,  is  entrusted  to  the 
Bundesrat.1  Certain  special  laws  explicitly  con- 
fer upon  the  Bundesrat  the  right  to  render  decisions 
of  an  administrative  law  character.2  Article  77 
of  the  Constitution  gives  the  Bundesrat  the  right 
to  force  a  state  to  render  justice  to  an  individual. 
The  person  denied  justice  must  complain  to  the 
Bundesrat,  which  investigates  the  case  and  if  it  finds 
the  complaint  justified  obtains  judicial  relief  for 
the  complainant  from  the  government  in  question. 
Disputes  between  several  states  relating  to 
matters  of  public  law  may  be  adjusted  by  the 
Bundesrat,  at  the  request  of  one  of  the  parties.3 
The  Bundesrat  may  refer,  and  several  times  has 
referred  the  matter  to  a  high  court  or  a  special 
expert  for  definite  decision. 

1  See  an  example  of  Laband  given  by  J.  H.  Robinson  in 
his  monograph,  "The  German  Bundesrat,"  p.  63. 

2  E.g.,  the  decision  as  to  whether  in  the  interests  of  traffic 
the  gates  of  a  fortress  should  be  widened  and  if  so  by  how 
much.     [See  Laband  (larger  edition),  Vol.  I,  p.  247.] 

»  R.  V.,  Article  76,  i. 

[70] 


THE  BUNDESRAT 

"In  disputes  relating  to  constitutional  matters 
in  those  states  of  the  Union  whose  constitution 
does  not  designate  an  authority  for  the  settle- 
ment of  such  differences,  the  Bundesrat  shall,  at 
the  request  of  one  of  the  parties,  effect  an  amicable 
adjustment,  and  if  this  cannot  be  done,  the  mat- 
ter shall  be  settled  by  Imperial  law."  l  The  case 
of  Mecklenburg,  where  the  government  and  leg-  Example 
islature  have  now  for  years  disagreed  in  regard  ienburg 
to  the  introduction  of  a  constitution,  has  made 
this  paragraph  a  very  interesting  and  practical 
one.  The  conservative  Estates  are  opposed  to 
the  introduction  of  a  constitutional  government, 
while  the  Grand-Dukes  of  the  Mecklenburgs 
are  willing  to  grant  one  to  the  people.  No  agree- 
ment can  be  reached.  The  parties  of  the  Left 
in  the  Reichstag  consider  it  a  disgrace  for  Germany 
that  two  of  its  states  should  be  the  only  states 
in  Europe  without  constitutions.  They  and  their 
press  have  therefore  often  discussed  the  question 
of  forcing  upon  the  Mecklenburgs  a  constitution 
through  the  Reichstag.  But  the  Bundesrat  has 
always  taken  the  point  of  view  that  the  German 
government  has  no  right  to  interfere  in  Mecklen- 
burg's affairs  according  to  the  article,  cited  above, 
unless  either  the  Estates  or  the  Grand-Dukes 
ask  the  Bundesrat  to  do  so. 

Article  76  does  not  refer  to  disputes  as  to  suc- 
cession or  regency  in  the  several  states.     Such 
disputes    are    differences    between    princes,    not 
i  R.  V.,  Article  76. 

[71] 


GERMAN  GOVERNMENT  AND  POLITICS 

between  states  nor  between  the  government  of  a 
state  and  the  representatives  of  the  people.  How- 
ever, indirectly  the  Bundesrat  is  a  court  for  the 
decision  of  questions  of  succession  and  regency, 
for  it  has  to  look  into  the  credentials  of  every 
member  of  the  Bundesrat  and  may  therefore  re- 
fuse to  accept  the  delegate  of  a  ruler  whom  it 
does  not  recognize. 

Finally  the  authorization  of  "federal  execu- 
tion" in  case  a  state  of  the  Federation  does  not 
fulfil  its  constitutional  duty  l  may  be  mentioned 
as  a  judicial  function. 

The  Bundesrat  is  the  most  original  institution 
General  of  German  government.  Since  it  is  the  repre- 
sions  sentative  body  of  the  monarchs  and  senates 
of  the  several  states  it  might  be  supposed  to  be 
a  reactionary  or  unduly  conservative  body.  This 
cannot  justly  be  said  of  it.  It  is  a  progressive 
conservative  body.  Many  times  it  has  sur- 
prised the  German  people  by  its  progressive 
proposals  as  the  great  financial  reform  of  1909. 
The  Conservatives  and  Clericals,  the  majority 
parties  in  the  Reichstag,  are  certainly  less  pro- 
gressive than  the  united  governments  in  the 
Bundesrat. 

The  Bundesrat  represents  the  federal  principle 
and  therefore  might  be  supposed  to  be  the  seat 
of  a  local  patriotism,  while  the  Reichstag,  repre- 
senting the  German  people,  being  the  outcome  of 
the  national  German  movement  should  natu- 
i  R.  V.,  Article  19. 

[72] 


THE  BUNDESRAT 

rally  manifest  the  national  spirit.  Just  the  oppo- 
site is  true.  We  never  hear  of  sentimental  local 
pride  finding  expression  in  the  Bundesrat,  although 
on  many  important  questions  the  delegates  repre- 
sent the  interests  of  their  several  states,  while 
all  shades  of  petty  particularism  are  found  in 
the  Reichstag.  The  members  of  the  Bundesrat 
are  statesmen  of  a  high  type,  experienced  in  the 
practical  work  of  government.  They  are,  for 
the  most  part,  broad  and  high-minded  men,  by 
nature  careful  and  conservative,  by  experience 
ready  to  compromise,  not  striving  for  the  unat- 
tainable, a  most  efficient  governmental  body. 
They  do  not  talk  as  much  as  the  members  of 
the  Reichstag,  and  they  do  not  need  to,  since  they 
do  not  depend  on  the  people  and  cannot  hope  to 
dazzle  their  constituents  with  oratory.  They 
are  men  of  action,  a  body  of  workers.  Thus  they 
enjoy  in  general  the  respect  of  the  German  people. 
The  Bundesrat  stands  higher  in  the  regard  of  the 
educated  class  than  does  the  Reichstag. 

SELECTED  BIBLIOGRAPHY 

HOWARD,    B.    E.     "The    German    Empire,"     Chapter    IV 

(The  Bundesrat). 

ROBINSON,  J.  H.     "The  German  Bundesrat." 
OGG,  F.  A.     "The  Governments  of  Europe,"  pp.  217  ff. 
LOWELL,  A.  L.     "Government  and  Parties  in  Continental 

Europe,"  pp.  259  ff. 


[73] 


P' 


CHAPTER  VII 

THE     KAISER 

IRAESIDIUM"   (Presidency),  "Commander 
in  Chief  of  the  Federation,"  and  "Crown 
of  Prussia"   were    the   three    terms  used   in   the 
Nature      Constitution  of  the  North  German  Federation  to 

of  the 

Kaiser's  express  Prussia's  leadership  in  it.  After  the  con- 
clusion of  the  November  treaties,1  the  Bundesrat 
of  the  North  German  Federation,  with  the  con- 
sent of  the  southern  states,  proposed  in  the 
Reichstag  to  give  to  the  King  of  Prussia  the 
title  "German  Kaiser."  The  initiative  to  this 
step  was  taken  by  the  noble  and  unfortunate 
King  Louis  II  of  Bavaria.  In  a  letter  to  King 
William  of  Prussia,  of  November  30,  1870,  he 
wrote:  "After  the  accession  of  South  Germany  to 
the  constitutional  union  of  Germany,  the  rights 
of  the  Praesidium  conferred  upon  Your  Maj- 
esty will  extend  over  all  the  German  states. 
I  have  given  my  consent  to  their  union  in  a  single 
hand,  convinced,  that  to  do  so  corresponds  with 
the  interests  of  the  German  Fatherland  as  a  whole 
and  of  its  allied  princes,  but  at  the  same  time 
confident  that  the  constitutional  rights  of  the 
Praesidium  of  the  Federation  created  by  the 

i  Cf.  p.  22. 
[74] 


THE   KAISER 

restoration  of  a  German  Empire  and  of  the  dig- 
nity of  a  German  Kaiser  are  rights  which  Your 
Majesty  exercises  in  the  name  of  the  whole  Ger- 
man Fatherland,  upon  the  basis  of  universal 
consent  of  her  princes.  I  have  therefore  proposed 
to  the  German  princes  to  suggest  with  me  to 
Your  Majesty  that  the  exercise  of  the  rights  of 
the  Praesidium  of  the  Federation  should  be  con- 
nected with  the  title  of  'German  Kaiser.' "  From 
this  letter  it  can  clearly  be  seen  that  the  title 
does  not  carry  any  power,  and  that  it  was 
meant  to  be  nothing  but  an  honorary  title,  to 
express  to  the  world  externally  the  dignity  of 
the  new  state.  In  this  sense  the  title  was  accepted 
by  King  William  of  Prussia.  Thus  the  new  re- 
daction of  the  Constitution,  April  16,  1871,  re- 
placed the  terms  of  the  Constitution  of  the  North 
German  Federation  with  the  name  "Kaiser." 
The  legal  power  of  the  Praesidium  has  not  only 
not  been  increased,  it  has,  in  spite  of  the  more 
dignified  title,  been  decreased,  owing  to  the  ac- 
cession of  the  southern  states  and  the  privileges 
granted  to  them. 

Only  the  King  of  Prussia,  not  a  substitute  or 
a  regent,  may  bear  the  title  Kaiser,  although 
they  are  likewise  endowed  with  all  the  Imperial 
power  during  the  time  they  may  happen  to  rule 
in  Prussia.  Since  the  Constitution  says  nothing 
in  regard  to  the  succession  to  the  Praesidium,  it 
is  generally  recognized  that  Prussian  law  alone 
determines  it. 

[75] 


GERMAN  GOVERNMENT  AND  POLITICS 

The    Kaiser   does   not   participate   directly   in 

Eis  the  creation  of  Imperial  laws.    His  formal  duties 

mental       with    regard    to    legislation    will    be    mentioned 

functions    later.1     As  the  instructor  of  Prussia's  vote,  the 

Kaiser  has  a  veto  on  constitutional  amendments 

and  changes  of  Imperial  legislation  in  regard  to 

taxes  and  customs  duties  enumerated  in  R.  V., 

Article  35,  I.2 

The  Kaiser  has  the  right  to  convene,  open  and 
adjourn  the  Bundesrat  and  Reichstag?  His  con- 
sent is  necessary  for  the  dissolution  of  the  Reichs- 
tag* A  certain  influence  over  legislation  is 
exercised  by  the  Kaiser  through  his  right  to 
appoint  the  members  of  the  Bundesrat  committees 
on  the  army,  the  navy  and  the  fortresses.5 

The  Kaiser  has  executive  functions  of  great 
importance.  He  is  the  international  representa- 
tive of  the  Empire.  In  the  name  of  the  Empire 
he  enters  into  alliances  and  treaties  with  foreign 
countries,  receives  and  accredits  Ambassadors. 
By  the  right  of  appointing  and  dismissing  the 
Chancellor 6  and  Imperial  officials,  inclusive  of 
consuls,7  he  controls  the  whole  Imperial  admin- 
istration which  expressly  includes  the  Post  and 

1  Cf.  p.  115. 

1  R.  V.,  Article  37.  "In  taking  action  upon  the  rules  and 
regulations  for  the  execution  of  joint  legislation  (enumerated 
in  Article  35)  the  vote  of  the  Praesidium  shall  decide  when  it 
is  cast  in  favor  of  maintaining  the  existing  rule  or  regulation." 

3  R.  V.,  Article  12. 

4  R.  V.,  Article  24.  6  R.  V.,  Article  15,  i. 
8  R.  V.,  Article  8.  7  R.  V.,  Article  56. 

[76] 


THE   KAISER 

Telegraph  Service.1  The  Kaiser  carries  out  "fed- 
eral execution"  when  ordered  by  the  Bundesrat.2 
He  also  has  the  power  to  declare  martial  law  in 
any  part  of  Germany  if  public  security  demands 
it.3 

A  tremendous  power  is  vested  in  the  Kaiser 
as  Commander  in  Chief  of  the  army  and  navy, 
in  peace  as  well  as  in  war.  The  limitations  of 
this  power  through  Bavaria  and  Wurtemberg 
have  been  already  described. 

While  all  these  powers  are  constitutional,  and 
therefore  original,  two  executive  functions  are 
delegated  to  the  Kaiser  by  special  laws. 

The  law  concerning  the  Constitution  of  Alsace- 
Lorraine  makes  the  Kaiser  the  governmental  au- 
thority in  that  province.  As  such  he  appoints 
and  removes  the  Governor  and  by  doing  this 
controls  the  votes  of  that  province  in  the  Bundes- 
rat.  Furthermore,  he  has  an  absolute  veto  on 
the  legislation  of  Alsace-Lorraine. 

The  "Law  in  regard  to  the  Legal  Status  of 
the  German  Protectorates"  (Gesetz  betreffend 
die  Rechtsverhdltnisse  der  deutschen  Schutzgebiete) 
of  April  17,  1886,  delegates  to  the  Kaiser  govern- 
mental authority  in  the  German  protectorates. 

The  pardoning  power  does  not  belong  to  the 
Kaiser,  as  a  constitutional  right,  but  has  been 
delegated  to  him  by  special  laws.4 

1  R.  V.,  Article  50. 

2  R.  V.,  Article  19. 

3  R.  V.,  Article  11. 

4  See  Arndt,  A.,  "Das  Staatsrecht  des  deutschen  Reiches," 
pp.  84  ff. 

[77] 


GERMAN  GOVERNMENT  AND  POLITICS 

The   Kaiser  is  not  responsible  for  his  public 

ms  or   private   acts.     The   Chancellor,    by   counter- 

personal          .  .   .  ...  /T»     T7        A       •    1  \ 

prtvi-  signing  his  public  acts  (R.  V.,  Article  17)  assumes 
leges  the  responsibility  for  them.  This  principle  is 
generally  accepted.  The  person  of  the  Kaiser 
is  more  sacred  than  that  of  private  citizens. 
Offenses  against  him  (crimina  laesae  majestatis) 
are  therefore  punished  more  severely  than  those 
against  private  citizens.1 

The  more  serious  criminal  acts  are  punished 
with  imprisonment  for  life  and  the  less  dangerous 
cases  with  imprisonment  for  five  years.2  Assas- 
sination or  any  attempt  at  it  is  punished  by 
death.3 

Other  personal  privileges  connected  with  the 
title  of  German  Kaiser,  are: 

1.  The  right  to  have  an  Imperial  crown,  Im- 
perial arms,  and  an  Imperial  flag. 

2.  To  decide  by  ordinance,  the  title,  rank  and 
uniform  of  the  officers  of  the  Imperial  civil  service. 

3.  To  have  the  word  "Imperial"  used  in  con- 
nection with  his  private  officers  and  servants. 

4.  To  have  his  son  called  "Crown  Prince  of 
the  German  Empire  and  of  Prussia." 

No  financial  remuneration  is  connected  with 
the  title  "Kaiser,"  but  he  receives  through  the 
Budget  a  certain  sum,  the  Dispositions/and  for 
purposes  of  representation. 

1  Penal  Code  of  the  German  Empire  §  95. 

2  Ibid  §  94- 

3  Ibid.  §  80. 

[78] 


THE  KAISER 

The  foregoing  enumeration  of  the  powers  of 
the  Kaiser  shows  that  he  may  be  an  important   The 
factor  in  German  government,  if  he  takes  full   German 
advantage  of  the  powers  vested  in  him.  Although,   Kaisers 
from    the    standpoint  of  constitutional  law,  we   factors 
must  make  a  clear  distinction  between  the  posi-   ofGer- 
tion  of  the  Kaiser  and  that  of  the  King  of  Prussia,    emment 
politically  they  are  inseparable.     What  he  can- 
not do  as  Kaiser,  he  may  do  as  chief  of  the  most 
powerful  state  in   the  Union.     From  the   point 
of  view  of  practical  politics,  it  makes  no  differ- 
ence in  which  capacity  he  may  at  a  given  moment 
be  acting.     It  can  also  easily  be  seen  that  if  he 
does  not  exercise  his  power,  the  Chancellor,  the 
only  Minister  of  the  Empire,  who  may  combine 
with  this  position  that  of  President  of  the  Prus- 
sian Council  of  Ministers,  will  exercise  it  for  him. 
Who  is,  at  a  given  moment,  the  real  ruler  of  Ger- 
many depends  on  the  personality  of  Kaiser  and 
Chancellor. 

William  I,  the  first  Kaiser,  was  born  March 
22,  1797,  the  second  son  of  Frederick  William  wmiaml 
III,  at  that  time  still  Crown  Prince  of  Prussia, 
and  the  noble  Princess  Louisa  of  Mecklenburg- 
Strelitz.  His  childhood  fell  in  the  saddest  time 
of  Germany,  its  subjection  to  the  tyranny  of 
Napoleon  I.  As  a  boy  of  sixteen  he  received  his 
commission  as  captain  and  joined  the  headquarters 
of  the  allied  monarchs  at  Frankfort-on-the-Main 
as  aide-de-camp  of  his  father.  Later  on  he  ac- 
companied Bliicher's  army  to  France  and  was 

[79] 


GERMAN  GOVERNMENT  AND  POLITICS 

several  times  under  fire.     In  the  year  1815,  the 
prince  was  confirmed,  and  it  was  then  that  ac- 
cording to  a  Hohenzollern  custom  he  wrote  down 
His  con-    j^    confession  of  faith  or  as  he  called  it  Lebens- 

fession 

grundsatze.1  These  lines  are  significant  of  the 
motives  which  characterized  his  whole  life  as 
Prince,  King,  and  Kaiser.  To  quote  a  few  phrases: 
"I  rejoice  in  this  station,  not  on  account  of  the 
distinction  it  confers  upon  me,  amongst  men, 
nor  on  account  of  the  enjoyments  it  places  at 
my  disposal,  but  because  it  enables  me  to  achieve 
more  than  others.  My  princely  rank  shall  al- 
ways serve  to  remind  me  of  the  greater  obligations 
it  imposes  upon  me,  of  the  greater  efforts  it  re- 
quires me  to  make,  and  of  the  greater  temptations 
to  which  it  exposes  me.  I  will  submit  myself  to 
God,  in  the  firm  conviction  that  He  will  always 
do  what  is  best  for  me.  My  capacities  belong  to 
the  World  and  to  my  Country.  I  will  therefore 
work  without  ceasing  in  the  sphere  of  activity 
presented  to  me,  make  the  best  use  of  my  time, 
and  do  as  much  good  as  it  may  be  in  my  power 
to  do.  I  will  not  domineer  over  anybody  in  vir- 
tue of  my  rank,  nor  make  an  oppressive  use  of 
my  princely  position. 

"To  the  utmost  of  my  ability,  I  will  be  a  helper 
and  advocate  of  those  unfortunates  who  may  seek 
my  aid,  or  whose  mishaps  I  may  be  informed  of 
—  especially  of  widows,  orphans,  aged  people,  men 

1  Given    in    full    by    Forbes,    "William    of    Germany," 
pp.  58  ff. 
[80] 


WILLIAM  I 

First  Kaiser  of  Germany 


THE   KAISER 

who  have  faithfully  served  the  state,  and  those 
whom  such  men  may  have  left  behind  them  in 
poverty.1  Never  will  I  forget  good  done  to  me 
by  my  fellow-men.2  I  will  perform  all  my  ser- 
vice-duties with  absolute  exactitude,  and  while 
assiduously  keeping  my  subordinates  to  their 
duty,  will  treat  them  amicably  and  kindly." 

It  is  indeed  highly  surprising  to  what  a  great 
extent  the  Prince  attained  his  ideal.  These 
words  were  no  empty  phrases;  his  life  proved  their 
sincerity.  During  the  time  which  followed,  until 
he  became  Regent  in  1857,  Prince  William  de- 
voted himself  with  all  his  heart  to  the  military 
service.  In  October,  1858,  he  became  permanent 
Regent  and  after  the  death  of  his  brother  in 
January,  1861,  King  of  Prussia. 

As  a  soldier,  William  had  seen  the  great  de- 
fects of  the  Prussian  army.  He  knew  that  the  ^russlan 

Army  re- 

"  Shame  of  Olmiitz"  would  not  have  humiliated   organiz- 
Prussia,  if  she  had  been  a  strong  military  power.   atloa 

T-  -J         L  f  L  J-     1  • 

lo  avoid  the  recurrence  or  such  a  diplomatic 
defeat  and  to  prepare  his  country  to  meet  any  llaml 
enemy,  William  held  the  reorganization  of  the 
army  to  be  the  most  necessary  step  in  Prussian 
government.  He  emphatically  pointed  out  its 
necessity  in  his  speech  at  the  opening  of  the 
Prussian  Parliament.  But  the  Liberal  majority 
in  the  Lower  Chamber,  fearing  that  they  might 

1  See  how  much  he  has  done  at  the  end  of  his  life  for  these 
people  through  initiating  Germany's  social  legislation. 

2  What  a  friend  he  was  to  Bismarck! 

[81] 


GERMAN   GOVERNMENT  AND  POLITICS 

make  the  Crown  too  independent  and  lose  control 
of  it,  persistently  refused  to  vote  for  the  expend- 
itures made  necessary  by  military  reconstruction. 
Three  courses  were  open  to  the  King:  The  first, 
to  give  up  the  reorganization,  was  impossible  for 
him.  He  would  sooner  have  abdicated.  So  he 
had  either  by  a  coup  d'etat  to  abolish  the  con- 
stitution or  find  a  strong  man,  who  would  carry 
out  his  will  in  spite  of  the  opposition  of  Parliament. 
Happily  he  found  this  man  in  Otto  von  Bismarck, 
who  was  appointed  Minister-President  in  Septem- 
ber, 1862,  with  Roon  as  Minister  of  War.  In 
1858,  Helmut  von  Moltke  had  been  made  Chief 
of  the  General  Staff  of  the  army.  These  three 
men  together  with  the  King  led  Prussia  to  its 
victories  in  war  and  diplomacy,  as  a  result  of 
which  the  German  Empire  arose.1 

As  a  Prince,  disliked,  even  hated  by  the  masses, 
he  was  at  the  end  of  his  life  in  1888,  beloved  by 
his  people  as  seldom  a  ruler  has  been.  His  kind- 
ness of  heart,  even  towards  the  humblest  servant, 
could  not  be  excelled.  He  was  a  soldier  from  top 
to  bottom,  possessing  all  the  virtues  of  that 
class:  a  high  sense  of  duty,  courage,  exactness  in 
the  smallest  details,  activity.  Like  his  great 
ancestor,  Frederick  II,  he  regarded  himself  as  the 
first  servant  of  his  country.  Significant  are  his 
words  when  asked  at  the  end  of  his  life  to  stop 
work  for  a  while  on  account  of  his  weakness:  "I 
have  not  time  to  rest."  The  German  people  have 

1  See  the  continuation  of  this  historical  part  on  p.  17  ff. 

[82] 


THE  KAISER 

given  him  the  name  "the  Great."  This  title, 
however,  must  not  be  interpreted  in  the  same  sense 
as  the  "Great"  of  Frederic  II;  for  William  I  was 
not  a  genius.  The  tremendous  success  of  his 
reign  without  hesitation,  must  be  attributed  to 
his  Chancellor  Bismarck.  Very  little  was  done 
except  on  the  initiative  of  the  Chancellor  and 
nothing  of  importance  without  his  consent.  Bis- 
marck created  the  chancellorship  to  fit  his  own 
gigantic  proportions.  William  I  was  King  and 
Kaiser,  but  Bismarck  governed.  No  love,  nor 
highest  esteem  for  the  old  Kaiser  can  change 
this  fact.  However,  he  was  great  in  that  he 
recognized  the  genius  of  Bismarck  and  in  spite  of 
all  open  opposition  and  secret  effort  to  undermine 
his  confidence  trusted  him  throughout  his  life. 

William  I  was  succeeded  by  his  only  son,  Fred- 
erick III.  He  was  born  October  18,  1831.  Like  Fred- 
all  the  princes  of  the  House  of  Hohenzollern, 
he  became  a  soldier.  In  the  winters  of  1850  and 
1851  he  attended  the  University  of  Bonn,  the  first 
of  the  Hohenzollern  princes  to  take  up  academic 
studies.  His  fields  of  study  were  mainly  history, 
law,  politics  and  French  and  English  conversa- 
tion. In  the  winter  of  1855-56  he  was  made 
acquainted  with  the  inside  working  of  the  differ- 
ent ministerial  departments,  and,  as  he  expressed 
himself  to  his  future  father-in-law,  the  Prince 
Consort  Albert  of  Great  Britain,1  he  was  dis- 

1  See:  M.  von  Poschinger,  "Life  of  the  Emperor  Frederic," 
p.  67. 

[83] 


GERMAN  GOVERNMENT  AND  POLITICS 

gusted  with  the  unjust  and  reactionary  govern- 
ment of  the  Manteuffel  ministry.  In  1858  he 
married  Victoria  daughter  of  the  Prince  Consort 
and  Queen  Victoria  of  Great  Britain.  When 
Bismarck  took  the  reins  his  unconstitutional 
government  naturally  met  with  the  disapproval 
of  the  liberal  minded  Crown  Prince.  Un- 
doubtedly he  was  carried  too  far  by  this  sincere 
sentiment.  In  his  hostility  to  Bismarck's  policies 
he  went  so  far  as  to  call  him  a  "most  dangerous 
adviser  for  Crown  and  country."1 

During  the  war  with  Denmark,  1864,  the 
Crown  Prince  was  attached  to  the  staff  of  the  old 
Field-Marshall  Wrangel,  whom  he  had  to  super- 
vise. He  did  it  with  great  tact  and  showed  at  the 
same  time  his  ability  as  a  general.  Misunder- 
standing entirely  Bismarck's  policy  for  Germany's 
unity,  he  opposed  the  war  with  Austria.  In 
that  war  he  commanded  one  of  the  three  armies 
and  decided  the  battle  of  Koniggratz,  and  thereby 
the  war.  After  it,  the  Crown  Prince,  with  the 
right  wing  of  the  Liberal  Party,  became  convinced 
of  Bismarck's  high  patriotism  and  his  ability  to 
conduct  the  foreign  affairs  of  the  Empire.  In 
their  fundamental  conceptions  of  internal  policy, 
however,  they  could  never  agree. 

The  Franco-German  War  found  the  Prince 
commanding  the  Third  Army  composed  of  troops 
from  the  southern  states.  In  this  position  he 

1  See  M.  von  Poschinger,  "Life  of  the  Emperor  Frederic," 
p.  149. 

[84] 


THE   KAISER 

gained  the  highest  reputation  as  a  general  and 
an  enormous  popularity  as  soldier  and  man.  He 
was  not  able  to  exert  great  influence  in  internal 
politics,  since  he  did  not  agree  with  Bismarck,  who 
was  upheld  by  the  Kaiser. 

The  field  in  which  he  was  especially  interested  His  inter- 
was  social  reform.  As  M.  von  Poschinger  in  her 
biography  of  Frederick,  says  (pp.  355-356):  "In  form 
accordance  with  his  idealistic  tendencies  he  re- 
garded the  modification  of  class  distinctions, 
recognition  of  intellectual  claims,  personal  'rap- 
prochement' of  employers  and  employed,  and 
kindly  intercourse  between  men,  as  the  chief 
means  of  compensation  for  the  inevitable  hard- 
ships of  industrial  life.  Freedom  from  economic 
distress  would,  he  hoped,  result  from  the  spiritual 
liberty  and  elevation  of  the  nation.  He  became 
in  course  of  time,  the  center  and  initiator  of  all 
charitable  efforts  in  the  country." 

From  June  4  to  December  5,  1878,  the  Crown 
Prince  was  commissioned  with  the  regentship 
because  of  the  serious  condition  of  his  father 
resulting  from  an  attempt  upon  his  life  made  by 
the  fanatic  socialist  Hodel.  He  followed  the 
wishes  of  the  Kaiser  in  carrying  on  the  govern- 
ment according  to  Bismarck's  principles.  We 
cannot,  therefore,  consider  this  period  of  govern- 
ment as  characteristic  of  what  his  future  reign 
might  have  been. 

In  the  beginning  of  1887  a  terrible  disease, 
cancer  of  the  throat,  began  to  develop  from  which 

[85] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  Prince  suffered  severely  up  to  the  end  of  his 
life,  June  7,  1888.  He  therefore  could  do  very 
little  during  the  ninety-nine  days  of  his  rule.  One 
affair,  however,  during  this  time  deserves  espe- 
cially to  be  reported,  because  it  shows  the  con- 
stitutional conscientiousness  of  the  Kaiser;  the 
dismissal  of  von  Puttkammer,  Minister  of  the 
Interior.  The  main  reason  for  it  was  the  attempt 
of  this  friend  of  Bismarck  to  influence  the  elec- 
tions, while  Frederick  demanded  that  "the  liberty 
of  future  elections  should  not  be  restricted  by 
official  pressure." 

With  Kaiser  Frederick  III  died  the  hope  of  the 
liberal  educated  class  of  Germany.  During  his 
whole  life,  while  not  a  political  liberal  he  had 
been  the  champion  of  free  thought  and  tolerance. 
Audiatur  et  altera  pars  (Let  the  other  side  also  be 
heard)  was  his  fundamental  principle.  Justice  to 
every  opinion  of  a  serious  minded  man  could  be  ex- 
pected from  him.  From  his  firm  attitude  towards 
Bismarck  before  1866,  and  his  insistence  on  the 
dismissal  of  Puttkammer,  we  may  draw  the  con- 
clusion that  he  would  have  been  a  factor  in  the 
German  government  had  destiny  given  him  more 
time.  Although  by  nature  liberal  minded,  he  had 
a  very  strong  historic  sense,  and  had  expressed 
himself  against  the  introduction  of  the  responsible 
ministerial  form  of  government.1  With  the  radi- 
cal liberal  parties  he  disagreed  entirely  in  his  ideas 
on  the  army  and  navy.  These  were  for  him  the 
1  Cf.  P.  40. 

[86] 


FREDERICK  III 

Second  Kaiser  of  Germany 


THE  KAISER 

strong  instruments  of  the  Crown,  over  which  it 
alone  had  control.1  What  the  relation  between 
Frederick  and  Bismarck  would  have  become  under 
different  circumstances  we  may  well  fancy.  They 
were  independent  men  of  different  fundamental 
principles  which  fact  might  well  have  led  to  a 
rupture. 

While  Frederick  III  became  famous  and  at- 
tracted the  attention  of  his  people  as  Crown  Wllllam 
Prince,  comparatively  little  was  known  about  Wil- 
liam II  when  he  ascended  the  throne  at  the  early 
age  of  twenty-nine.  An  anonymous  writer  in  a 
sensational  French  book,2  first  called  the  attention 
of  the  world  to  this  talented  man.  This  writer 
must  have  known  him  very  well  or  else  received 
his  information  from  a  keen  observer.  He 
writes  about  him  as  follows:  He  is  "courageous, 
enterprising,  ambitious,  hot-headed,  but  with  a 
heart  of  gold,  sympathetic  in  the  highest  degree, 
impulsive,  spirited,  vivacious  in  character,  and 
gifted  with  a  talent  for  repartee  in  conversation 
which  would  almost  make  the  listener  doubt  his 
being  a  German.  He  adores  the  army,  by  which 
he  is  idolized  in  return.  He  is  highly  educated, 
and  well  read.  He  certainly  will  be  a  distin- 
guished man,  and  very  probably  a  great  sovereign. 
He  will  be  essentially  a  personal  king,  never  al- 
lowing himself  to  be  blindly  led  and  ruling  with 

1  See,  M.  von  Poschinger's  Biography,  p.  398. 

2  "Societe  de  Berlin."     Par  le  Comte  Paul  Vasili.     Paris 
1883. 

[87] 


GERMAN   GOVERNMENT  AND   POLITICS 

sound    and    direct   judgment,    prompt    decision, 
energy  in  action,  and  an  unbending  will." 

The  Prince  was  the  first  Hohenzollern  to  at- 
tend a  public  gymnasium,  and  live  in  the 
company  of  its  ordinary  pupils.  A  lasting  in- 
fluence upon  the  boy  during  his  years  at  the 
gymnasium  at  Cassel  was  exercised  by  his  tutor, 
Dr.  Hinzpeter,  to  whom  is  ascribed  the  friendly 
attitude  of  the  future  Kaiser  towards  social  reform 
and  his  difference  of  opinion  with  Bismarck  in 
regard  to  the  Social-Democrats.  After  gradua- 
tion, William  entered  the  University  of  Bonn  at 
the  age  of  eighteen.  At  the  same  time  he  began 
his  military  service  as  a  lieutenant  of  the  Guards. 
Now  his  environment  changed  entirely.  He  came 
mainly  under  conservative  and  reactionary  influ- 
ence and  soon  joined  the  party  of  his  grandfather 
and  Bismarck  in  silent  opposition  to  the  liberal 
views  of  his  father. 

William  n      When    the  young    Kaiser    took   the   reins   of 

peace  of     government  into  his  hands,  the  eyes  of  all  Europe 

the  world   were  directed  upon  him  in  nervous  excitement. 

Very  little  was  known  about  him,  and  the  stories 

told  about  his  character  and  views  made  him  a 

reactionary,    brutal    warrior.     He    certainly    has 

surprised  the  world  in  many  regards. 

Year  after  year  passed.  All  the  great  powers 
of  Europe,  Asia  and  America  became  involved 
in  wars  except  Austria-Hungary,  France,  whose 
ambition  is  the  conquest  of  an  African  colonial 
empire,  and  Germany.  The  title  "War  Lord" 
[88] 


THE  KAISER 

began  to  be  replaced  by  that  of  "Peace  Lord."1 
Judged  by  results,  no  monarch  deserves  the  title 
so  well  as  he.  It  is  true,  the  army  and  even 
more  the  navy  have  been  increased  enormously 
during  the  reign  of  the  present  Kaiser.  He  was 
the  strongest  advocate  of  this  increase,  but 
there  can  be  no  doubt  that  the  war  prepared- 
ness of  Germany,  emulated  as  it  has  been 
by  other  nations,  has  had  a  quieting  effect  upon 
the  contentions  of  European  powers.  Not  only 
in  this  sense  but  by  calm  counsels  at  moments  of 
national  hot-blood  has  the  Kaiser  often  helped 
to  keep  the  peace  of  Europe. 

Like  most  of  his  ancestors,  the  Kaiser  is  a  soldier  William  n 

with   his  whole  heart.     He  loves  his  army  and  andthe 

•  army 

has  an  interest  in  it  which  is  only  surpassed  by 
his  interest  in  the  navy.  His  intimate  knowledge 
of  the  most  detailed  questions  of  army  and  navy 
is  said  to  be  nearly  incredible.  Reforms  are 
constantly  being  introduced  at  his  initiative. 
For  example,  his  letter  of  February  15,  1890, 
to  the  Minister  of  War,  may  be  cited.  He  said: 
"  In  my  army  every  soldier  is  to  be  treated  accord- 
ing to  law,  justly  and  humanely.  Only  thus  is  it 
possible  to  inspire  him  with  zeal  and  devotion  to 
duty  and  love  and  respect  for  his  superiors."  In 
a  Cabinet  ordinance  of  March  2,  1890,  the  Kaiser 

1  See  Fried,  A.  H.,  "The  German  Emperor  and  the  Peace 
of  the  World."  New  York,  1912.  A  book  in  which  he 
describes  the  Kaiser  as  a  promoter  of  peace,  and  for  which  he 
received  the  Nobel  Peace  Prize. 

[89] 


GERMAN  GOVERNMENT  AND  POLITICS 

said:  "Nobility  of  birth  alone  cannot  to-day,  as 
formerly,  exclusively  entitle  to  the  prerogative 
of  furnishing  the  officers  for  my  army.  Nobility 
of  character,  which  has  at  all  times  distinguished 
our  officers  must  be,  now  more  than  ever,  insisted 
upon  in  such  appointments.  I  strongly  disap- 
prove the  idea  that  any  officer  in  my  army  is  to 
be  estimated  according  to  the  size  of  the  allowance 
guaranteed  him  from  home.  On  the  contrary,  I 
rank  in  my  mind  the  highest  those  regiments 
whose  officers  know  how  to  do  their  full  duty, 
joyously  and  with  alacrity,  and  who  nevertheless 
receive  but  modest  allowances  from  their  families. 
The  growing  luxury  must  be  opposed  seriously 
and  persistently."  A  sensational  Cabinet  ordi- 
nance was  issued  by  the  Kaiser,  January  i,  1897, 
in  which  he  advocated  the  greatest  possible  re- 
striction of  duelling  among  officers,  a  courageous 
step  indeed,  which  unfortunately  has  had  less  suc- 
cess than  expected.1 

His  inter-  The  navy,  however,  is  the  most  beloved  child 
navy  of  tne  Kaiser.  When  he  ascended  the  throne  it 
hardly  existed,  and  it  has  been  his  keen  interest 
and  urgent  insistence  which  have  created  and 
developed  a  first-class  navy  in  Germany.  His 
systematic  persistent  campaign  in  its  behalf 
aroused  the  slow  German  mind,  so  that  now  ar- 
dent interest  in  a  strong  navy  is  taken  by  every 

1  See  von  Schierbrand,  "The  Kaiser's  Speeches,"  p.  169. 
All  quotations  from  the  Kaiser's  speeches  are  taken  from  this 
book. 

[90] 


THE  KAISER 

patriotic  German.  The  creation  of  the  navy 
alone  would  make  William  one  of  the  leading 
figures  in  German  history. 

While  the  army  and  navy  are  the  present 
Kaiser's  most  favored  fields,  it  can  be  said  that 
he  is  interested  in  everything.  He  talks  in  public 
on  countless  subjects,  —  on  theology,  the  latest 
excavations  in  Assyria,  airships  and  aeroplanes, 
economics,  education,  painting,  sculpture,  music 
and  many  other  things  beside. 

He  is  a  peculiar  mixture  of  progressive  and  The 
reactionary  ideas.     No  man   can   take  a  keener  Kaiseras 

J  .a  progres- 

interest  in  the  modern  development  of  industry,  siveand 
commerce  and  navigation.  He  grasps  every  new 
idea  and  seeks  first-hand  information  upon  it. 
He  makes  the  barons  of  industry  and  commerce 
his  special  friends.  In  pedagogy  he  emphasizes 
the  value  of  practical  education.  He  admires 
the  great  conqueror  of  the  air,  Count  Zeppelin. 
He  travels  more  than  any  other  monarch  and 
tries  to  get  acquainted,  not  only  with  princes  and 
aristocrats,  but  with  the  leading  men  of  all  na- 
tions. Again  and  again  he  has  insisted  that 
efficiency  is  the  first  requisite  in  filling  a  position 
rather  than  nobility  of  birth,  which  raises  no 
person  in  his  eyes. 

Yet  in  striking  contrast  to  these  advanced 
ideas  he  clings  to  the  old  doctrine  of  "Monarchy 
by  the  Grace  of  God,"  considering  himself  a 
divine  instrument,  irresponsible  to  the  people. 
Thus  he  said  in  Konigsberg  in  1910:  "It  was  in 


GERMAN  GOVERNMENT  AND  POLITICS 

this  spot  that  my  grandfather  in  his  own  right 
placed  the  Crown  upon  his  head,  insisting  once 
again  that  it  was  bestowed  upon  him  by  the  grace 
of  God  alone,  and  not  by  parliaments  and  meet- 
ings and  decisions  of  the  people.  He  thus  re- 
garded himself  as  the  chosen  instrument  of  heaven, 
and  as  such  carried  out  his  duties  as  a  ruler  and 
lord.  I  consider  myself  such  an  instrument  of 
heaven,  and  shall  go  my  way  without  regard 
to  the  view  and  opinions  of  the  day."  As  long 
as  the  Kaiser  rules  within  the  limits  set  for  him 
by  the  Constitution  the  Germans  are  willing  to 
let  him  enjoy  his  dogma  of  "Kingdom  by  the 
Grace  of  God."  They  know  that  his  interpreta- 
tion of  it  means  for  him  the  highest  responsibility, 
for  he  is  through  and  through  a  religious  and 
conscientious  man. 

There  is  one  dangerous  fault  of  his  character, 
~£f!*"      his    natural    impulsiveness.     It  has   been    more 

pulsive- 

ness          than  once  detrimental  to  German  policy.     Thus 
his  former  Chancellor  Hohenlohe   complains    in 
his    Memoirs    (Vol.   II,   p.   487):    "It  is  not   to 
be   denied   that    the    Kaiser  disturbs   things  by 
his     impulsive    nature.       It    is    to    be    wished 
that  he  were  more  phlegmatic."     On  two  occa- 
sions  especially  his  indiscretion   has  done  great 
damage  to  German  diplomacy:    The  cablegram 
Kaiser       °^  t^ie  Kaiser  on  June  3>  1896,  to  President  Kruger 
and  of  South   Africa,   congratulating   him   upon    the 

President    fafe^  of  Jameson,   and   his  interview  with  the 

Kruger  J 

English  "Daily  Telegraph."     In  itself  the  con- 
[92] 


THE   KAISER 

demnation  of  the  Jameson  raid  as  piracy  was 
sound,  and  the  whole  world  agreed  with  it.  But 
the  Kaiser  is  not  a  private  citizen,  and  his  telegram 
created  very  bitter  feeling  in  England  and  helped 
to  arouse  hostility  against  Germany. 

October  28,  1908,  the  London  "Daily  Tele- 
graph" published  an  interview  with  the  Kaiser.  In  ^aUy 
this  interview  the  Kaiser  deplored  the  bad  rela-  interview 
tions  between  the  English  and  German  people.  He 
showed  that  although  Germany  needed  a  strong 
navy,  it  was  not  a  menace  to  England.  Further- 
more, he  said,  that  "while  the  prevailing  senti- 
ment among  large  sections  of  the  middle  and 
lower  classes  of  his  own  people  is  not  friendly  to 
England"  the  sympathies  of  the  German  Govern- 
ment had  been  on  the  side  of  the  English  in  the 
Boer  War.  He  even  declared  that  he  had  sent  to 
Windsor  a  plan  of  campaign  against  the  Boers,  re- 
vised by  the  General  Staff  of  the  German  Army, 
which  "ran  very  much  on  the  same  lines  as  that 
which  was  adopted  by  Lord  Roberts.'*  The 
whole  interview  was  as  indiscreet  as  it  could  be, 
creating  bitter  feeling  especially  in  France,  Russia 
and  Japan.  England  simply  ridiculed  it  and  be- 
came more  hostile  to  Germany  than  ever.  It 
could  hardly  be  believed  that  a  man  as  intelli- 
gent as  the  Kaiser  could  have  done  such  a  thing. 
Prince  Billow  was  also  to  blame.  He  was 
spending  his  vacation  at  a  summer  resort  and  the 
unprinted  interview  of  the  Kaiser  had  been  passed 
by  him  without  careful  scrutiny.  Prince  Billow 

[93] 


GERMAN   GOVERNMENT  AND   POLITICS 

handed  his  resignation  to  the  Kaiser  who,  however, 
did  not  accept  it. 

The  publication  of  the  interview  aroused  a 
tremendous  storm  of  indignation  in  Germany. 
The  papers  of  all  parties  from  the  most  conserva- 
tive to  the  most  radical  criticized  the  Kaiser 
severely.  The  Berlin  people  did  not  show  their 
usual  enthusiasm  when  he  appeared  in  public, 
sometimes  punishing  him  with  absolute  silence. 
Only  after  the  Kaiser  had  confessed  his  mistake 
through  the  Chancellor  did  he  regain  the  con- 
fidence and  love  of  his  people.  He  has  since  been 
more  careful  in  his  speeches. 

On  the  whole  the  Kaiser  is  very  popular  in 
Germany.  The  people  know  that  he  works 

Kaiser  s  *  . 

popularity  harder  than  any  other  man  in  the  Empire,  that 
he  is  sincere,  and  that  he  always  has  the  best 
intentions.  His  personality  must  be  charming 
and  fascinating  if  we  are  to  judge  by  the  reports 
of  those  who  know  him  well.  One  cannot  say  that 
Germany  is  well  liked,  but  the  Kaiser  was  before 
the  present  European  war  highly  regarded  in  for- 
eign countries,  even  generally  speaking,  in  Eng- 
land.1 

1  Says  an  English  writer  who  is  a  Germanophobe  through 
and  through:  "William  II  is,  perhaps,  the  most  picturesque 
and  the  most  talked  about  figure  on  the  stage  of  the 
world,  and  if  a  computation  should  be  made,  it  would  very 
likely  be  found  that  more  columns  of  the  international  press 
are  daily  filled  with  accounts  of  his  doings  and  sayings  than 
with  those  of  all  other  sovereigns  taken  together."  Barker,  J.  E., 
"Modern  Germany,"  p.  66. 

[94] 


WILLIAM  II 

Third  Kaiser  of  Germany 


THE  KAISER 

As  to  his  position  in  the  government  of  Germany  wuiiamn 
we  must  say  that  he  undoubtedly  is  its  most  Bismarck 
important  factor.  Bismarck  said  of  him  as 
a  young  Prince:  "In  him  there  is  something  of 
Frederick  the  Great  and  he  also  is  capable  of 
becoming  as  despotic  as  Frederick  the  Great. 
What  a  blessing  that  we  have  a  constitutional 
government."  Bismarck  likewise  prophesied  his 
own  end  saying  that  the  Kaiser  would  be  his  own 
Chancellor.  It  was  impossible  for  two  such 
strong  personalities  to  rule  together.  One  had  to 
resign  and  the  Kaiser,  having  the  constitutional 
right  to  do  so,  forced  Bismarck's  resignation. 

The  final  causes  of  the  rupture  were  three  in 
number:  first,  a  difference  of  opinion  in  re- 
gard to  the  treatment  of  the  Social-Democrats; x 
second,  the  question  of  the  Cabinet  Ordinance 
of  September  8,  1852; z  third,  a  difference  of 
opinion  in  regard  to  the  relation  of  Germany 
and  Russia.  Just  at  this  juncture  came  the  new 

1  Bismarck  wanted  to  suppress  the  Social-Democrats  by 
"exception-laws,"    while    the    Kaiser,    probably    under    the 
influence  of  Hinzpeter's  teachings,  desired  to  win  them  to  his 
side  by  social  reforms. 

2  This  ordinance  forbade  the  individual  Prussian  Ministers 
to  communicate  with  the  King  without  the  knowledge  of  the 
Prime   Minister,  thus  giving  the  Prime   Minister  a  certain 
amount  of  necessary  control.    The  Kaiser  wished  to  revoke  the 
ordinance,  because  he  desired  to  control  the  Ministers  directly. 
Bismarck  was  opposed  to  such  a  change  and  with  him  stood 
the  whole  Ministry.     Bismarck's  dismissal  did  not  secure  its 
revocation  because  it  is  an  absolutely  necessary  regulation. 

[95] 


GERMAN  GOVERNMENT  AND  POLITICS 

elections  which  created  in  the  Reichstag  a  strong 
opposition  to  Bismarck.  The  alternative  was, 
either  oppose  the  Reichstag  and  if  necessary  dis- 
solve it,  or  sacrifice  Bismarck.  Bismarck  was 
sacrificed  and  the  Kaiser  has  since  always 
appointed  Chancellors  who  were  more  or  less 
willing  to  carry  out  his  own  personal  policies. 
The  Chancellors,  as  a  whole,  have  been  his  tools. 

Summing  up  the  importance  of  William  II  in 
the  life  and  government  of  Germany  we  must 
agree  with  Mr.  Price  Collier,  who  says:  "Here  is 
a  man,  who  in  a  quarter  of  a  century  has  so  grown 
into  the  life  of  a  nation,  that  when  you  touch  it 
anywhere,  you  touch  him,  and  when  you  think 
of  it  from  any  angle  of  thought,  or  describe  it  from 
any  point  of  view,  you  find  yourself  including 
him."  i 

SELECTED  BIBLIOGRAPHY 

HOWARD,  B.  E.     "The  German  Empire,"   Chapter  III. 
ZORN,   PH.     "The   Constitutional    Position   of  the   German 

Emperor." 

SIMON,  E.     "The  Emperor  William  I  and  his  Reign." 
POSCHINGER,  M.  VON.      "Life  of  the  Emperor  Frederic." 
PERRIS,  H.     "Germany  and  the  German  Emperor,"  Chapter 

VIII  (Frederic  III  and  William  II). 
SHAW,  S.      "Wilhelm  II." 
BARKER,  J.  E.     "Modern   Germany,"  Chapter    XVI    (The 

German  Emperor  as  a  Political  Factor). 

1  Price  Collier,  "The  Indiscreet."  In  Scribner's  Mag- 
azine, November,  1912. 


[96] 


CHAPTER  VIII 

THE     CHANCELLOR     AND     HIS 
SUBSTITUTES 

THE  only  official  of  the  Empire  provided  for 
in  the  Constitution  is  the  Chancellor.1     He 
is  the  supreme  officer  of  the  Empire,  not  simply    Constl- 
the  most  important  member  of  a  cabinet,   like   position 
the  Prussian  Prime  Minister,  which  position  he   ofthe 
usually  also  holds.     There  is  no  Imperial  cabinet,    ceiior 
The  system  of  official  organization  is  bureaucratic 
or  centralized. 

The  Chancellor  has  a  twofold  position,  i.e., 
chairman  of  the  Bundesrat  and  head  of  the  Im- 
perial administration.  His  position  as  member 
of  the  Bundesrat  has  been  treated  before.2  As 
head  of  the  Imperial  administration  he  assumes 
responsibility  for  the  decrees  and  ordinances  of 
the  Kaiser  by  adding  to  them  his  countersigna- 
ture.3  The  sovereign  body  of  the  Empire,  the 
Bundesrat,  has  nothing  to  do  with  the  appointment 
and  removal  of  the  Chancellor;  he  is  responsible 
to  the  Kaiser,  and  to  him  alone.  If  the  Chancellor 
is  not  in  harmony  with  the  policy  of  the  Kaiser, 
he  must  resign.  The  responsibility  of  the  Chan- 
cellor extends  to  the  whole  administration,  though 

1  R.  V.,  Article  15.  2  Cf.  p.  65. 

3  R.  V.,  Article  17. 

[97] 


GERMAN   GOVERNMENT  AND   POLITICS 

none  of  course  expects  the  Chancellor  to  be 
cognizant  of  all  the  smallest  details  of  the 
administration.  Bismarck  said  in  the  Reichs- 
tag December  I,  1874:  "It  would  be  an  arrogant 
assertion,  if  I  tried  to  make  believe  that  I  were  in 
the  condition  to  inspect  and  actively  and  person- 
ally perform  or  even  merely  judge  with  certainty 
all  the  details  of  the  wide  circle  of  business  for 
which  I  assume  the  responsibility.  According 
to  my  opinion,  the  responsibility  cannot  be  ex- 
pected of  the  Chancellor  in  the  sense  that  each 
individual  action  within  the  whole  district,  for 
which  he  is  held  responsible,  is  regarded  as  origi- 
nating from  him  personally  and  consented  to  by 
him.  .  .  ." 

The  Chancellor's  responsibility  is  modified 
with  regard  to  judicial  and  certain  financial  of- 
ficers, who  are  independent  and  can  be  removed 
only  for  legal  reasons.  Whether  the  Chancellor's 
responsibility  is  political,  moral  or  constitu- 
tional, is  not  fixed  by  the  Constitution  nor  by 
statute,  and  opinions  concerning  it  differ.  The 
legal  duty  of  the  Chancellor  to  give  an  account 
to  the  Reichstag  of  the  activities  for  which  he 
is  responsible  is  generally  recognized. 

Bismarck  wras  Chancellor  till  March  20,  1890. 
His    policy,  which   led    to    the   founding   of   the 
lors  since   German  Empire,  has  been  described  in  the  second 
1871          chapter.     Here  we  shall  attempt  to  give  a  gen- 
eral picture  of  his  personality,  and  his  importance 
in  the  government  of  the  new  Empire. 
[98] 


CHANCELLOR  AND  HIS  SUBSTITUTES 

Bismarck  was,  in  the  first  place,  the  greatest 
master  of  diplomacy  Germany  has  ever  possessed. 
He  did  not  belong  to  the  old  school  of  petty 
intrigues,  insincerity,  and  little  schemes,  but 
whenever  secrecy  was  not  absolutely  required,  he 
used  a  surprising  frankness  which  stupefied  his 
opponents,  because  of  its  very  novelty.  His 
policy  was  generally  to  reach  his  end  by  the 
mathematical  rule  that  a  straight  line  is  the 
shortest  distance  between  two  points.  With 
the  help  of  the  army  he  won  the  hegemony  in 
Germany  for  Prussia.  He  prepared  the  field  of 
European  diplomacy  carefully  in  advance  for  the 
war  with  France.  His  clever  leniency  towards 
Austria  in  1866,  against  the  strongest  opposi- 
tion of  his  King,  reconciled  that  natural  ally  of 
Germany  with  the  new  status  of  affairs  and  made 
possible  a  close  union  between  the  two  countries. 
The  position  of  Germany  in  international  politics 
under  his  leadership  was  unquestionably  dom- 
inant. His  greatest  moral  diplomatic  triumph 
was  the  adjustment  of  the  differences  between 
Russia  and  England  at  the  Congress  of  Berlin. 

Undisputed  as  is  his  supreme  position  in  for- 
eign affairs,  opinions  differ  about  the  wisdom 
of  his  internal  politics.  Bismarck  certainly  was 
not  altogether  successful  in  this  field.  Once 
he  fought  too  powerful  an  enemy,  the  Cleri- 
cals; and  in  the  case  of  the  Social-Democrats,  he 
did  not  understand  the  real  problem.  Bismarck 
was  a  bitter  enemy  of  responsible  ministerial 

[99] 


GERMAN  GOVERNMENT  AND  POLITICS 

government.  He  always  refused  to  be  classed 
as  a  party  man  and  whenever  a  party  was  op- 
posed to  his  views  he  tried  his  best  to  destroy  it 
absolutely.  The  best  example  of  this  kind  is 
his  breach  with  the  National  Liberal  party  which 
had  faithfully  helped  him  build  up  the  new 
Empire.  In  1884  he  declared  in  the  Reichs- 
tag: "The  majority  of  the  Reichstag  does  not  make 
any  impression  on  me.  .  .  .  Each  one  of  the 
parties  has  been  in  opposition  to  me;  and  I  have 
offered  my  hand  to  every  party,  if  I  have  found 
that  it  agreed  with  what  I  consider  to  be  in  the 
interest  of  the  country,  the  nation,  the  Kaiser 
and  the  King." 

Bismarck  has  often  been  accused  of  having 
had  no  principles,  because  he  changed  his  point 
of  view  so  frequently,  especially  in  regard  to  the 
tariff  and  the  Clericals.  It  is  true  he  did  not 
believe  in  principles  as  something  which  could 
never  be  changed.  He  was  not  a  theorist  of  the 
liberal  type,  but  a  practical  statesman,  who  made 
his  policy  according  to  existing  circumstances, 
getting  the  best  out  of  an  unfortunate  situation, 
always  ready  to  compromise  to  make  the  govern- 
ment work.  When  he  saw  that  he  had  to  count 
with  the  Clericals  as  an  important  factor  in  the 
parliament  he  made  peace  with  them  with  as  few 
concessions  as  possible.  He  changed  his  point  of 
view  in  regard  to  free  trade,  because  economic 
and  political  conditions  had  changed,  and  free 
trade  or  protection  was  for  him  not  professional 


CHANCELLOR  AND  HIS  SUBSTITUTES 

doctrine,  but  a  question  of  opportunism.  Bis- 
marck always  looked  down  with  contempt  on 
the  idealistic  dreamers,  the  doctrinaires  in  politics, 
a  type  which  he  found  exemplified  in  the  Liberal 
party. 

The  greatest  impulse  to  Bismarck's  work  was 
his  high  patriotism,  and  his  deference  to  the 
crown,  which  however  had  nothing  of  the  atti- 
tude of  a  courtier.  For  him  the  most  im- 
portant point  in  the  government  was  the  mon- 
archy. Again  and  again  he  emphasized  in  his 
speeches  in  the  Prussian  Chamber  and  in  the 
Reichstag  the  monarchical  principle,  fighting  suc- 
cessfully against  the  least  diminution  of  the 
constitutional  position  of  his  master.1 

It  is  known  that  Bismarck,  like  many  great 
personalities,  hated  the  press,  because  in  the 
main  it  had  fought  against  him  most  bitterly  in 
the  first  years  of  his  ministry  and  because  with 
little  knowledge  of  the  facts  it  often  attacked  his 
best  meant  policies  of  later  days.  He  did  not 
see  that  in  a  time  of  growing  democracy,  in  which 
public  opinion  is  a  most  important  factor,  it  was 
the  part  of  wisdom  to  be  on  good  terms  with  the 
leading  journalists. 

1  See  his  speech  in  the  Reichstag,  January  24,  1882.  "The 
King  governs;  the  Ministers  do  not.  Have  I  not  fought 
since  1862?  Have  I  not  protected  the  royal  principle,  not 
only  with  my  body  but  also  with  my  mind?  What  makes  me 
stay  in  this  position,  if  it  is  not  the  feeling  of  fidelity  in  service 
and  of  representing  the  King  and  his  rights?  There  is  not 
much  pleasure  in  it.  ..." 

[101] 


GERMAN  GOVERNMENT  AND  POLITICS 

The  severest  criticism  that  can  be  raised  against 
Bismarck  is  that  he  created  the  Chancellorship 
to  suit  his  own  powerful  personality,  and  satisfy 
his  own  ambitions.  He  did  not  consider  that 
the  government  of  Germany  would  ever  have  to 
suffer  from  the  impossibility  of  finding  ordinarily 
a  man  big  enough  for  the  Chancellorship. 

Naturally  Bismarck  was  not  altogether  popular 
during  the  time  of  his  service.  Like  many  great 
men,  he  came  into  the  world  to  bring  not  peace 
but  the  sword.  He  was  a  man  of  iron  will,  great 
in  hate,  autocratic  in  the  confidence  of  his  superior 
personality  and  his  superior  mind,  full  of  passion. 
He  was  no  party  man  but  a  colossal  individualist, 
a  genius,  with  Luther  the  greatest  man  of  active 
genius  Germany  has  produced.  The  time  has 
come  when  a  general  appreciation  of  the  genius 
of  this  great  hero  supercedes  all  petty  criticisms. 
Young  Germany  is  united  in  adoring  him  as  the 
greatest  statesman  of  Germany,  the  master  of 
German  nationalism. 

When  the  young  Kaiser  William  II  had  dis- 

Georgc      missed  Bismarck,  he  looked  around  for  a  man  of 

Count        ability  who  at  the  same  time  would  be  a  willing 

Caprivii     instrument  of  his  wishes.     He  found  this  person 

in  Count  Caprivi,  a  thorough  soldier.     He  had 

entered  the  army  in  1849.     In  1866  he  had  been 

promoted  to  a  position    in    the  general  staff  of 

the  army  and  had  been  chief  of  the  general  staff 

1  Born  February  24,  1831,  died  February  6,  1899.     Chan- 
cellor from  March  30,  1890,  to  October  26,  1894. 
[102] 


4 


* 


COUNT  CAPRIVI 

Second  Chancellor  of  the  German  Empire 


CHANCELLOR  AND  HIS  SUBSTITUTES 

of  the  tenth  army-corps  during  the  Franco-Ger- 
man War.  From  1883  to  1888  he  had  managed 
the  navy  as  vice-admiral.  In  1888  he  became 
the  general  of  the  tenth  army-corps.  He  accepted 
the  position  of  Chancellor  like  an  obedient  soldier, 
and  carried  out  the  commands  of  his  superior 
in  the  same  spirit  of  obedience.  Of  all  the 
Chancellors  he  was  the  least  independent.  His 
foreign  policy  was  extremely  weak  and  indefinite. 
In  the  Reichstag  he  was  neither  loved  nor  hated. 
His  speeches  were  not  brilliant,  but  based  on  a 
good  knowledge  of  facts.  He  was  entirely  lack- 
ing in  initiative,  which  he  left  to  the  Kaiser.  The 
best  accomplishments  of  his  policy  were  the 
prolonging  of  the  Triple  Alliance,  the  acquisition 
of  Heligoland,  the  reform  of  the  army,  in  which 
field  he  was  thoroughly  competent,  and  the  con- 
clusion of  commercial  treaties  with  Austria-Hun- 
gary, Russia,  Roumania  and  Italy.  The  duties 
on  corn  were  lowered,  while  German  exports 
were  in  return  favored.  This  policy  aroused  the 
strong  opposition  of  the  Agrarians  and  led  to  the 
formation  of  the  "Farmers'  Union."  The  op- 
position finally  grew  so  strong  that  Caprivi  felt 
he  could  not  stay  in  office  longer,  and  so  he 
resigned. 

He  was  succeeded  by  Prince  Hohenlohe-Schil- 
lingsfiirst.     In  1842,  he  had  entered  the  Prussian   2lrfdwlg 
civil  service,   but  resigned  in  order  to  take  up   victor, 
the    management    of   his    estates,    Ratibor    and 
Koroci.     As  Duke  of  Ratibor  he  had  a  seat  in  the   lohe- 

[103] 


GERMAN  GOVERNMENT  AND   POLITICS 

Bavarian  Upper  House,  the  Reichsrat.  Here  he 
pjj^  s '  represented  a  national  German,  but  anti-Prussian 
von  view.  In  1849  he  was  sent  to  London  as  Ambas- 
sador of  the  Confederation.  In  1866  he  changed 
Korodi  his  views  and  advocated  in  Bavaria  a  union 
with  Prussia.  December  31,  1866,  he  was  made 
Bavarian  Prime  Minister  and  worked  for  a 
federation  of  the  southern  states  with  the  North 
German  Federation.  Although  a  Catholic,  he 
was  not  a  Clerical,  and  was  opposed  to  the  pre- 
tentions  of  the  Pope  as  a  superior  over  all  princes 
and  Nations  in  regard  to  temporal  matters.  He 
was  elected  a  member  of  the  first  German  Reichs- 
tag and  became  its  first  Vice-President.  From 
1874  to  1885  he  was  Ambassador  at  Paris,  and 
from  1885  to  1894  Governor  of  Alsace-Lorraine. 
Hohenlohe  was  too  old,  when  he  received  the  posi- 
tion of  Chancellor  of  the  Empire,  to  undertake 
anything  radical.  He  had  shown  himself  through- 
out his  life  to  be  clever,  unselfish  and  patriotic. 
The  fact  that  he  was  related  to  the  Kaiser  made 
him  by  nature  less  dependent  than  Caprivi,  but 
on  the  whole  his  policy  was,  under  the  influence 
of  the  Kaiser,  indefinite  and  experimental.  A 
strong  leader  would  have  made  his  mark  during 
this  period  of  Germany's  rise  to  world  power. 
In  his  foreign  policy  Hohenlohe  tried  to  return 
to  Bismarck's  principles. 

Prince    Biilow,    his    successor,    served    in    the 

1  Born  March   31,   1819,  died  July  6,   1901.     Chancellor 
from  October  29,  1894,  to  October  17,  1900. 
[104] 


PRINCE  HOHENLOHE-SCHILLINGSFURST 

Third  Chancellor  of  the  German  Empire 


CHANCELLOR  AND  HIS  SUBSTITUTES 
Franco-Prussian  War,  entered  the   Prussian  civil   Bemhard 

,  c          ,  ,          ..    ,  .       Helnrich 

service   and   was   transferred    to   the   diplomatic   Karl 
service.     In  1876  he  was  attache  at  Paris,  and  in    Martin' 

.  Prince 

1880  second  secretary  there,  after  a  short  inter-  BQIOW» 
val  in  the  Foreign  Office  in  Berlin.  In  1884  he 
was  made  first  secretary  to  the  embassy  at  St. 
Petersburg.  In  1888  he  was  envoy  at  Bucharest 
and  in  1893  ambassador  in  Rome.  In  1897  he 
was  appointed  to  the  secretaryship  of  Foreign 
Affairs.  His  appointment  to  the  chancellorship 
in  1900  was  no  surprise,  since  he  had  been  for  a 
long  time  regarded  as  the  ablest  representative 
of  the  German  government,  and  as  a  man  in 
complete  harmony  with  the  Kaiser's  imperial- 
istic views.  He  never  attempted  to  create  for 
himself  a  position  similar  to  that  of  Bismarck, 
because  it  was  simply  impossible  under  a  man 
like  the  present  Kaiser.  But  he  made  the  best 
of  the  situation,  and  by  skilful,  cautious  and 
versatile  diplomacy,  he  managed  to  stay  in  office 
for  a  long  term,  not  being  the  absolute  servant 
of  the  Kaiser,  and  yet  enjoying  his  full  confidence. 
He  understood  how  to  hold  together  the  differ- 
ent elements  in  the  German  Reichstag  and  to  find 
a  majority  for  important  measures.  If  we  com- 
pare Bismarck  with  a  pike  in  a  fishpond  we  may 
well  compare  Billow  with  an  eel.  The  Annual 
Register  of  1909  characterizes  him  as  "a  clever 
and  witty  speaker,  a  skilful  debater,  an  adroit 
parliamentary  strategist,  with  charming  manners 

1  Born  May  3,  1849. 

[105] 


GERMAN  GOVERNMENT  AND  POLITICS 

and  a  highly  cultivated  mind."  He  had  bril- 
liant but  not  altogether  solid  qualities.  With 
remarkable  skill  and  tact  he  interpreted  the  sev- 
eral indiscretions  of  the  Kaiser  to  Germany 
and  the  world  so  as  to  make  them  as  harmless  as 
possible  without  violating  the  Imperial  prestige. 
He  tried  to  break  the  power  of  the  Clericals,  who 
had  so  often  abused  their  strong  position  in  the 
Reichstag  and  attempted  to  rule  with  the  help 
of  a  Conservative-Liberal  bloc.  But  when  he 
wanted  to  make  concessions  to  the  Liberals  for 
their  help  and  proposed  an  extensive  inheritance 
tax  as  a  part  of  the  great  financial  reform  of  1909, 
he  met  with  the  strongest  opposition  from  the 
Conservatives.  Since  it  was  impossible  for  him  to 
humiliate  himself  by  asking  the  Clericals  for  their 
help  as  a  government  party,  he  had  to  resign. 

Theobald    von    Bethmann-Hollweg    was    born 
Dr.  Theo-   m  igi:6.     He  entered   the  Prussian  civil  service 

bald  von      .  "* 

Beth-  m  1882  and  was  successively  Landrat,  Regierungs- 
mann-  president  and  President  of  the  Province  of  Bran- 
denburg. In  1905,  he  became  Prussian  Minister 
of  the  Interior  and  in  1907  Imperial  Minister  of 
the  Interior  and  Vice-Chancellor.  July  14,  1908, 
he  followed  Biilow  as  Chancellor.  The  present 
Chancellor  is  almost  the  exact  opposite  of  Biilow. 
He  is  dry,  cold,  reserved,  not  charming,  not  an 
interesting  speaker,  little  familiar  with  diplomacy, 
a  typical  Prussian  officer  of  the  civil  service. 
At  the  same  time  he  is  very  industrious,  well  in- 
formed, conscientious  and  cautious. 
[106] 


PRINCE   BULOW 

Fourth  Chancellor  of  the  German  Empire 


CHANCELLOR  AND  HIS  SUBSTITUTES 

Soon  after  the  foundation  of  the  Empire,  its 
administration  became  so  complicated  and  the  Thesub- 

,  .  ...  stitutes 

work  so  tremendous  that  it  was  impossible  even   Ofthe 

for  as  experienced  and  hard  working  a  statesman   Chan- 

T>-  -11  ceUor 

as  Bismarck  to  oversee  it  all  personally.     It  was 

necessary  to  establish  one  secretaryship  after 
another.  At  the  same  time  there  was  no  provision 
in  the  Constitution  or  any  statute  for  a  general 
temporary  substitute  for  the  Chancellor,  some- 
thing which  had  twice  become  necessary  before 
1878.  In  order  to  settle  this  question  a  law  was 
passed  March  17,  I878.1 

It  provided  first  for  a  general  substitute  or 
Vice-Chancellor  to  be  appointed  by  the  Kaiser 
with  the  advice  of  the  Chancellor.  This  is  neces- 
sary, since  the  Chancellor  still  remains  responsible 
in  principle,  and  must  therefore  be  in  harmony 
with  the  Vice-Chancellor.  The  Chancellor  may 
also  at  any  time  during  the  period  of  substitution 
perform  any  official  function.  It  then  provides 
for  special  substitutes  to  have  charge  of  the  high- 
est Imperial  offices  under  the  Chancellor  who 
may  be  charged  with  total  or  partial  responsibility 
for  the  performance  of  their  functions.  This 
responsibility,  like  that  of  the  Chancellor,  is  to 
the  Kaiser.  The  central  bureau  which  brings 
the  different  offices  into  the  necessary  contact 
with  the  Chancellor  is  the  Reichskanzlei,  created 
as  such  in  1879. 

1  "Gesetz  betreffend  die  Stellvertretung  des  Reichs- 
kanzlers." 

[  107] 


GERMAN  GOVERNMENT  AND  POLITICS 

As  a  matter  of  practical  politics  a  union  of  the 
1116          Imperial  Chancellorship  with  the  office  of  Prime 

Chan-  r. 

ceiiorand   Minister    of    Prussia    seems    always    necessary 
Prussian     although   there  is  no  legal  requirement  to  that 
effect.     Several  efforts  have  been  made  to  sepa- 
rate these  two  offices,  but  they  have  failed.1 

The  Prussian  government,  as  a  consequence  of 
Prussia's  leading  position  in  the  Empire,  has 
to  be  closely  in  touch  with  the  policy  of  the  Em- 
pire. In  a  speech  in  the  Reichstag  March  5, 
1878,  Bismarck  said  that  by  experience  he  was 
convinced  that  the  premiership  of  the  Prussian 
ministry  must  be  connected  with  the  position 
of  German  Chancellor,  "not  because  Prussian 
influence  upon  the  Empire  would  otherwise  be 
lost,  but  because  German  influence  upon  Prussia 
is  lost,  since  the  representation  of  the  Empire 
in  Prussia  must  be  of  such  strength,  as  is  only 
possible  in  the  case  of  a  leading  minister  and  not 
with  an  inactive  minister  without  office."  For  the 
same  reason  the  general  substitute  of  the  Chancel- 

1  Prince  Bismarck  ceded  the  Prussian  premiership  to 
Count  Roon  because  of  a  difference  of  opinion  between 
him  and  Roon,  January  i,  1873.  November  9,  Roon  re- 
signed and  Bismarck,  who  had  during  this  period  conducted 
only  the  foreign  affairs  of  Prussia,  reassumed  the  premiership. 
Caprivi  resigned  as  Premier  of  the  Prussian  Ministry  as  a 
consequence  of  a  defeat  in  the  Lower  Chamber,  March  24, 
1892,  but  retained,  like  Bismarck,  his  position  as  Minister  of 
Foreign  Affairs.  His  defense  of  the  separation  of  the  two 
offices  in  the  Reichstag,  March  26,  1892,  was  diplomatic  but 
not  convincing,  and  disproved  by  the  facts. 

[108] 


D.  VON  BETHMANN-HOLLWEG 

Fifth  Chancellor  of  the  German  Empire 


CHANCELLOR  AND   HIS   SUBSTITUTES 

lor  should  be  the  substitute  of  the  Minister-Presi- 
dent of  Prussia.1 

SELECTED  BIBLIOGRAPHY 

HOWARD,    B.    E.     "The    German    Empire,"    Chapter    VI, 

Imperial  Legislation. 

BURGESS,  J.  W.     "Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  II,  pp.  89  ff. 
BISMARCK,    OTTO    VON.     "The    Man    and    the    Statesman." 

(Autobiography.) 

SMITH,  MUNROE.     "Bismarck  and  German  Unity." 
HOHENLOHE-SCHILLINGSFURST,  CH.  K.  V.     "Memoirs." 
WILE,  F.  W.     "Men  around  the   Kaiser."     (Billow — Beth- 
mann-Hollweg — Tirpitz —  Posadowsky —  Dernburg.) 

1  On  March  10,  1877,  Bismarck  said  in  the  Reichstag:  "I 
have  tried  the  experiment  of  ceasing  for  a  time  to  be  Prussian 
Prime  Minister,  thinking  that  I  was  strong  enough  as  Chan- 
cellor. I  have  made  a  complete  mistake  by  doing  so  and  after 
a  year  I  have  repentantly  returned  and  said,  'I  will  either 
resign  or  have  the  presidency  of  the  Prussian  Ministry  again.'" 
Cf.  also  the  interesting  short  chapter  of  Hanel,  A.,  "Das 
Reich  und  der  preussische  Staat,"  in  his  "Studien  zum  deut- 
schen  Staatsrechte."  II,  i,  pp.  57  ff. 


[  109] 


CHAPTER  IX 

THE     LAW-MAKING     PROCESS 

HE  science  of  public  law  discriminates  be- 
tween two  kinds  of  law.     The  first  and  more 
L*w«         formal    kind    of    law    is    known    as    Gesetz    or 
simply  Law.     It  can  only  be  made  by  the  action 


T 


nance 


and  in-      of  Bundesrat,  Reichstag,  and  Kaiser  in  the  form  of 

structlon  '  b  . 

a  statute.  Ihe  second  kind  or  law  is  called 
Verordnung  or  Ordinance.  It  becomes  binding 
on  a  citizen  when  it  has  been  made  in  the  manner 
prescribed  by  the  Constitution  and  laws.  It 
is  a  distinctly  subordinate  type  of  law.1 

All  the  more  important  matters  are  regulated 
by  law.  The  ordinance  power  cannot  be  exer- 
cised except  by  virtue  of  an  explicit  provision 
of  the  Constitution  or  a  law.  The  law  lays 
down  general  principles  with  regard  to  a  particular 
subject,  and  in  accordance  with  these  principles 
ordinances  are  made  by  the  executive  to  facilitate 
their  administration.  The  ordinance  power  thus 
relieves  the  legislative  bodies  of  much  detail 
work.  Furthermore,  men  constantly  dealing 
with  and  trained  for  handling  these  details  are 
best  able  to  regulate  them. 

1  Law  is  in  French  parlance  loi,  in  Italian,  legge;  ordinance 
in  French  is  arreti  or  dtcret  and  in  Italian  istruzione  or  regola- 
mfnto. 

[no] 


THE  LAW-MAKING  PROCESS 

This  means  that  those  administrative  officers 
who  possess  this  power  have  great  freedom  in  the 
interpretation  of  laws.  They  are,  however,  always 
under  the  control  of  the  legislature  and  of  the 
administrative  courts. 

By  "instructions"  are  meant  the  rules  which 
regulate  the  organization  of  an  administrative 
department  internally.  They  are  therefore  of 
purely  administrative  character  and  have  effect 
only  on  officers. 

As  said  before,  any  law,  including  amendments 
to  the  Constitution,  may  be  proposed  by  either   Howa 
the  Reichstag  or  the  Bundesrat.     The  great  major-   the 
ity  of  bills,  however,  originate  with  the  Bundesrat.    EmPire 

J  r     1  J    •         L       r,          -          lsmade 

and  most  of  them  are  prepared  in  the  Prussian 
ministries.  Here  a  thorough  method  is  used  to 
collect  the  necessary  material.  When  this  has 
been  done  a  high  administrative  officer  sees  that 
the  bill  is  in  perfect  form  before  passing  it  to  the 
head  of  the  department.  The  Kaiser,  as  such, 
has  not  the  right  to  propose  legislation.  In 
practice,  however,  the  result  is  the  same  as  if 
he  had  been  given  the  power  by  the  Constitution, 
since  he  can  introduce  bills  through  his  delegates 
in  the  Bundesrat.  These  bills  are  known  as 
Prdsidialantrage.  The  ministers  of  the  different 
states  frequently  have  conferences  or  correspon- 
dence relative  to  bills  which  are  to  be  intro- 
duced in  the  Bundesrat,  so  that  a  certain 
consensus  of  opinion  exists  before  the  actual 
introduction. 

[in] 


GERMAN  GOVERNMENT  AND  POLITICS 

According  to  the  order  of  business  in  the 
Bundesrat  the  first  reading  of  the  bill  does  not 
lead  to  a  vote.  This  is  left  to  the  second  reading, 
at  which  time,  however,  it  may  be  decided  that 
the  vote  shall  be  taken  on  a  future  day.  If 
less  than  fourteen  votes  are  cast  in  opposition 
the  first  and  second  reading  may  take  place  on 
the  same  day.  Otherwise  an  interval  of  at  least 
five  days  is  necessary  between  the  two  readings. 
A  majority  is  sufficient  to  secure  the  passage 
of  a  bill  except  constitutional  amendments  and 
a  few  other  classes  of  legislation.  In  case  of  tie 
Prussia's  vote  decides  the  matter.  When  a  bill 
does  not  concern  the  whole  Empire,  only  the 
votes  of  those  states  which  are  concerned  are 
counted.  This  excludes  the  privileged  states 
from  voting  upon  subjects  specifically  left  to  their 
own  management  by  the  Constitution  or  treaties. 
If  the  delegate  of  a  state  is  absent  or  uninstructed 
his  vote  is  not  counted. 

The  bill  is  then  sent  to  the  Reichstag  "in  the 
name  of  the  Kaiser"  (Article  16)  through  the 
Chancellor.  His  duty  is  purely  formal  and 
carries  with  it  no  right  to  alter  the  terms  of  a  bill 
legally  passed  by  the  Bundesrat. 

The  rules  of  the  Reichstag  l  require  the  bill  in 
accordance  with  English  and  American  practice 
to  be  read  three  times.  The  first  reading  takes 
place  not  earlier  than  three  days  after  the  bill 
has  been  handed  to  the  members  of  the  Reichstag 

1  Geschdftsordnung  18-20. 
[112] 


THE  LAW-MAKING  PROCESS 

in  printed  form.  No  amendments  can  be  pro- 
posed at  this  stage  and  the  discussion  is  only 
general.  After  a  bill  has  had  its  first  reading, 
the  Reichstag  determines  whether  the  bill  shall  go 
to  a  committee  or  not.  This  may  also  be  done  at 
any  subsequent  time  prior  to  final  passage.  The 
second  reading  of  the  bill  may  not  take  place 
until  the  second  day  after  the  first  reading,  and, 
in  case  it  is  given  to  a  committee,  not  earlier  than 
on  the  second  day  after  the  printed  propositions 
of  the  committee  are  in  the  hands  of  the  mem- 
bers of  the  Reichstag.  The  bill  is  then  discussed 
and  passed  upon  article  by  article.  The  Reichs- 
tag may  resolve  for  purposes  of  debate  and  vote 
to  combine  several  articles  or  separate  one. 
Amendments  may  be  freely  proposed  at  this  stage. 
If  the  bill  passes  its  second  reading  with  amend- 
ments the  "Bureau"  (i.e.,  the  president  of  the 
Reichstag  together  with  the  clerks)  rewrites  the 
bill  as  amended.  The  bill  is  read  for  the  third 
and  last  time  not  earlier  than  the  second  day 
after  it  has  passed  the  second  reading  stage. 
Amendments  may  be  proposed,  but  will  not  be 
considered  unless  supported  by  at  least  thirty 
members.  A  general  discussion,  similar  to  that 
on  the  first  reading,  is  followed  by  a  more  specific 
criticism,  similar  to  that  on  the  second  reading. 
At  the  end,  the  bill  is  adopted  or  rejected,  unless 
amendments  have  been  made,  in  which  case  the 
final  vote  is  postponed  till  the  "Bureau"  of  the 
Reichstag  has  rewritten  the  amended  bill.  For 


GERMAN  GOVERNMENT  AND  POLITICS 

the  final  passage,  an  absolute  majority  of  the 
members  of  the  Reichstag  is  necessary,  i.e.,  199 
votes. 

By  a  majority  vote,  the  Reichstag  may  decide 
to  omit  the  second  reading,  or  to  have  the  first 
and  second  reading  on  the  same  day.  A  com- 
bination of  the  first  and  third  reading  is  re- 
jected if  fifteen  members  are  opposed  to  it.  Such 
change  from  the  usual  practice  must  be  decided 
upon  before  the  debate  begins. 

Every  bill,  whether  it  originates  in  the  Reichs- 
tag or  Bundesrat,  is  sent  to  the  latter  for  final 
consideration.  This  body,  as  the  sovereign  of 
the  Federation,  has  the  last  word  on  all  measures. 
It  may  even  refuse  to  sanction  a  bill  which  it 
had  passed  originally.  As  it  also  originates  most 
legislation,  its  preponderance  in  the  parliament 
is  very  marked. 

We  have  already  seen  that  in  the  case  of  ordi- 
nary amendments  to  the  Constitution,  fourteen 
negative  votes  in  the  Bundesrat  are  fatal,  and  that 
proposals  to  change  the  special  privileges  of 
states  may  be  vetoed  by  the  votes  of  the  state 
concerned.  Still  another  exception  is  that  the 
vote  of  Prussia  is  decisive  with  respect  to  army 
and  navy  matters  and  certain  taxes,1  if  it  be  cast 
in  favor  of  maintaining  the  existing  arrange- 
ments.2 This  means  of  course  that  Prussia  has 
an  absolute  veto  on  any  proposition  affecting 

1  Those  specified  in  R.  V.,  Article  35. 

2  R.  V.,  Article  5. 
[114] 


THE  LAW-MAKING  PROCESS 

these  matters  which  is  distasteful  to  her.  The 
question  as  to  whether  grounds  exist  for  the  use 
of  this  veto  is  not  decided  by  the  Bundesrat, 
since  the  provision  would  then  be  meaningless, 
but  is  left  to  the  Kaiser.  He  may  refuse  to  sign 
or  publish  a  law  of  this  type  which  has  been 
passed  in  the  Bundesrat  against  the  veto  of 
Prussia. 

After  the  Bundesrat  has  given  its  sanction,  the 
bill  is  law  so  far  as  the  subject-matter  is  concerned. 
In  order  to  become  effective  it  must  be  edited 
and  published  by  the  Kaiser.  He  has  no  veto 
in  regard  to  the  contents  of  the  law,  but  he  has 
the  right  and  the  duty  to  see  that  each  law  has 
been  passed  according  to  the  prescriptions  of 
the  Constitution.  He  cannot,  however,  take  into 
consideration  violations  of  the  rules  of  the  two 
legislative  bodies.  If  no  objections  can  be  raised, 
the  Kaiser  must  promulgate  the  law.  The  stand- 
ard form  for  the  publication  of  a  law  reads:  "We 
William,  etc.,  German  Emperor,  etc.,  ordain 
.  .  .  ,  after  consent  of  the  Bundesrat  and  Reichs- 
tag, as  follows:  .  .  ."  The  published  law  must 
bear  the  date  of  the  publication,  which  counts  as 
the  official  date  of  the  law,  and  the  counter-signa- 
ture of  the  Chancellor  or  one  of  his  legal  substi- 
tutes. The  publication  must  be  made  in  the 
official  "Reichsgesetzblatt"  (Imperial  Gazette), 
for  the  printing  of  which  the  Chancellor  and  his 
substitutes  are  responsible.1  The  courts  have 

1  R.  V.,  Article  2. 


GERMAN  GOVERNMENT  AND  POLITICS 

no  right  to  pass  upon  the  constitutionality  of 
laws.1  The  legislative  bodies  are  superior  to 
the  courts. 

SELECTED    BIBLIOGRAPHY 

BURGESS,  J.  W.  "Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  II,  pp.  89  ff. 

HOWARD,  B.  E.,  "The  German  Empire,"  Chapter  VI, 
Imperial  Legislation. 

1  The  Reichsgericht  has  declared  that  it  has  no  right  to  pass 
upon  the  constitutionality  of  a  law.  "Entscheidungen  des 
Reichsgerichts  in  Civilsachen."  March  26,  1901,  48,  84. 


[116] 


CHAPTER  X 

THE     ADMINISTRATION     OF 
THE     INTERIOR 

THE    broad    principle    of    the    relations    of 
legislation    and    administration,  is  legisla- 
tive   centralization    and    administrative    decen-   Adminis- 
tralization.     In  general,  the  Empire  has   merely   ^^t 
the   supervision   of  the   administration  which  is   traiiza- 
carried  out  by  the  officers  of  the  several  states.    1 
For   this   reason    a    full    discussion   of    the    bu- 
reaucracy in   the  Empire   will   be  found  in   the 
volume    in    this    series   on    the    government    of 
the  several  German   states,   and   only   the  most 
important  points  concerning  the  Imperial   Civil 
Service  are  touched  upon  in  the  following  para- 
graphs. 

Article   18  of  the  Constitution  provided  that 
every    officer   of   the    civil    service    was    to    be   T^ 
treated  according  to  the  law  of  his   individual   service 
state.     This   system   was   too    inharmonious    to 
work   well.      In   consequence,    a    codification   of 
the  law    for  Imperial    officers,   based    upon    the 
Prussian    practice,  was    put   into    effect    March 
3i,  1873.1 

1  The  Reichsbeamtengesetz,  in  new  redaction  with  some 
changes,  May  18,  1907;  in  addition  to  it  the  Besoldungf 
gesetz  (law  regulating  the  salaries)  of  July  15,  1909. 

[117] 


GERMAN  GOVERNMENT  AND  POLITICS 

Imperial  officers  are  those  appointed  by  the 
Kaiser  and  those  who,  although  appointed  by 
the  sovereign  of  their  state,  are  bound  to  obey 
the  commands  of  the  Kaiser.  The  first  class  are 
called  direct;  the  second  indirect  officers.  To 
the  second  class  belong,  for  example,  the  officers 
of  the  post  and  telegraph  service  (except  in  Bavaria 
and  Wiirtemberg),  and  military  officers  (except 
in  Bavaria). 

In  case  of  conviction  in  disciplinary  courts, 
Dicipiin-  tne  Imperial  law  is  the  same  as  that  of  Prussia, 
^oLts  except  that  no  arrest  is  allowed  and  the  maximum 
fine  is  fixed  at  one  month's  pay  in  the  case  of 
salaried  officers,  and  ninety  marks  in  the  case 
of  unsalaried  officers.  Furthermore  the  regular 
increase  of  the  salary  may  be  stopped  as  a  special 
punishment.  Less  severe  punishments  may  be 
laid  upon  officers  by  their  superior  authority. 
Dismissal  from  office  must  be  preceded  by  a  regu- 
lar process  in  a  disciplinary  court.  Of  these 
there  exist  two  types,  the  Disziplinarkammern 
(Chambers  of  Discipline)  or  courts  of  first  in- 
stance, and  the  Disziplinarhof  (Court  of  Disci- 
pline) as  court  of  appeal.  The  Chambers  (now 
thirty  in  number)  consist  of  seven  members  each 
of  whom  the  president  and  at  least  three  members 
must  be  judicial  officers.  Conflicts  as  to  compe- 
tence are  decided  by  the  Court  of  Discipline. 
The  Court  of  Discipline  has  its  seat  at  Leipzig. 
It  consists  of  eleven  members,  made  up  of  at 
least  four  delegates  to  the  Bundesrat,  the  president, 
[118] 


ADMINISTRATION  OF  THE  INTERIOR 

and  five  other  members  of  the  Supreme  Court 
of  the  Empire,  the  Reichsgericht.1 

The  pensioning  of  Imperial  officers  is  regulated 
in  the  Law  of  Imperial  Officers  (Paragraphs  34-  Pension 
60).  The  Chancellor,  the  Imperial  Secretaries, 
and  the  Under-Secretaries  of  Alsace-Lorraine 
may  demand  that  they  be  released  from  the  serv- 
ice for  no  assigned  reason.  They  must  in  that 
event,  if  they  have  served  at  least  two  years,  be 
given  a  pension  amounting  to  a  minimum  of  one 
fourth  of  their  salary. 

According  to  Article  4,  3-4,  of  the  Constitu- 
tion, legislation  concerning  measures,  weights,  Welshts 
currency  and  banking  is  given  to  the  Imperial  measures 
authorities.  Imperial  law  has  now  completely 
introduced  the  decimal  or  metric  system  in 
weights  and  measures.2  The  local  supervision 
of  the  correctness  of  weights  and  measures  is 
exercised  by  special  offices  of  the  several  states, 
the  Eichungsamter,  under  the  supervision  of  an 
Imperial  office  in  Berlin,  the  Normal-Eichungs- 
kommission.  Bavaria  has  her  own  central  office, 
but  is  obliged  to  take  her  standard  meas- 

1  Military  officers  under  the  exclusive  authority  of  military 
commanders  have  special   disciplinary  courts.     (See  Reichs- 
beamtengesetz,    paragraphs    120-123.)     Also   members   of  the 
Reichsgericht,  the  Rechnungshof,  the  Reichsamt  fur  das  Hei- 
matwesen,  and  judicial  officers  of  the  army  and  navy. 

2  E.g.,  "Masz-  und  Gewichtsordnung  vom  20.  Mai,  1908," 
"Schiffsvermessungsordnung  vom  I.  Mar/,  1895,"  issued  by 
the  Bundesrat  as  an  ordinance,  "Miinzgesetz  vom  I.  Juni, 
1909." 

[HP] 


GERMAN  GOVERNMENT  AND  POLITICS 

ures  from  the  Imperial  office  and  her  technical 
regulations  must  be  in  harmony  with  those  of 
the  office  in  Berlin.  The  supervising  office  for 
the  measurement  of  electric  energy  is  an  Im- 
perial office  in  Berlin,  the  Physikaliscb-Technische 
Reichsanstalt. 

The  measuring  of  sea  vessels  is  under  the  su- 
pervision of  both  central  Imperial  and  local  state 
offices. 

Before  the  foundation  of  the  Empire  coinage 
Currency  an(J  banking  in  Germany  were  in  serious  need  of 
banking  reform.  Different  states  had  different  monetary 
systems  and  in  all  circulated  a  mass  of  obsolete 
coinage.  All  adhered  to  a  silver  standard.  All 
issued  independent  currency  and  there  were 
private  banks  of  issue  acting  under  differing 
charters,  and  with  varying  responsibilities.  The 
Imperial  Constitution  gave  to  the  Empire  the 
power  to  regulate  the  monetary  system  and  by  a 
series  of  statutes  enacted  between  1871  and 
1875,  this  problem  of  money  and  banking  was 
solved. 

The  gold  standard  has  been  adopted  and 
one  kilogram  of  this  precious  metal  makes  279 
ten-mark  pieces.  The  one-mark  (silver)  piece  is 
the  unit  of  the  decimal  monetary  system  of  the 
Empire.  It  equals  about  twenty-four  cents  of 
American  money.  The  mints  are  state  institu- 
tions and  each  state  has  the  right  of  establishing 
one.  The  coinage  of  money,  however,  is  regulated 
by  the  Bundesrat  and  supervised  by  commissioners 

[120] 


ADMINISTRATION  OF  THE  INTERIOR 

who  are  appointed  by  the  Chancellor.  Twenty- 
mark  gold  pieces  may  be  coined  also  for  private 
persons  in  accordance  with  certain  regulations. 
The  issue  of  coin  other  than  gold  is  a  monopoly 
of  the  Empire. 

The   law   of  April,    1874,    provided    for    the 
extinction  of  the   paper  currency   of  the   sev-   Paper 

i  j        i_  r  money 

eral  states  and  the  creation  or  new  paper 
money  consisting  of  Reichskassenscheine  (Impe- 
rial Treasury  notes)  and  Banknoten  (bank  notes) 
The  first,  issued  by  the  Reichsschuldenverwaltung 
(Office  for  the  Administration  of  Imperial  Debts), 
are  not  legal  tender.  The  Banknoten  are  issued 
by  five  special  privileged  note  banks  in  accord- 
ance with  legal  regulations.  These  are  the 
Reichsbank  (Imperial  Bank)  in  Berlin,  one  other 
bank  each  in  Bavaria,  Wiirtemberg,  Baden  and 
Saxony.  These  banks  are  under  the  strict  super- 
vision of  the  Empire,  salutary  state  regulation 
being  the  principle  relied  upon  to  give  notes 
their  security,  rather  than  the  deposit  with  the 
government  of  specific  property  as  in  the 
American  national  banking  system.  The  note 
issue  is  limited  by  imposing  a  tax  on  all  notes 
beyond  a  certain  amount. 

The  Reichsbank  was  created  out  of  the  "  Bank 

of  Prussia,"  which  was  originally  a  government   The 

...  .     .  r  j   ,        ,  r~,       Reichs- 

bank with  capital  supplied  by  the  state.     The   bank 

Empire  purchased  this  institution  from  Prussia, 
and  by  the  bank  law  of  1875  founded  it  as  a 
private  corporation  under  the  management  and 

["I] 


GERMAN  GOVERNMENT  AND  POLITICS 

supervision  of  the  Empire.  It  is  a  stock  com- 
pany, the  whole  of  its  capital  being  in  private 
hands.  Its  head  is  the  Imperial  Chancellor, 
or,  in  case  of  his  unavoidable  absence,  a  substi- 
tute appointed  by  the  Kaiser.  He  directs  the 
policy  of  the  bank  in  accordance  with  the  pro- 
visions of  the  Bank  Law.  He  is  the  president 
of  the  Kuratorium,1  which  is  in  charge  of  the 
Imperial  supervision  of  the  Reichsbank.  Under 
the  Chancellor,  the  Reichsbank  Direktorium,  an 
executive  board,  has  immediate  control  of  the 
banking  business.  Its  members  are  appointed 
for  life  by  the  Kaiser,  upon  nomination  by  the 
Bundesrat.  The  interests  of  the  shareholders  are 
secured  by  their  general  meeting,  and  by  an 
elected  advisory  committee.  The  Reichsbank 
has  a  ten  year  contract  with  the  Empire  to 
conduct  the  financial  operations  for  the  imperial 
treasury.  The  present  contract  will  expire  in  1919. 
In  the  German  Empire,  as  in  all  civilized  coun- 
Proteo  tries,  new  inventions  enjoy  the  protection  of  the 
patents  government.2  The  Patentamt  (Patent  Office)  in 
Berlin  grants  on  application  patents  for  all  new 
inventions  which  are  of  practical  use.  The  period 
during  which  an  inventor  is  allowed  a  monopoly 
of  his  invention  is  fifteen  years,  for  which  privi- 
lege a  yearly  increasing  fee  has  to  be  paid.  In 

1  The  Kuratorium  consists  of  the  Chancellor  as  its  presi- 
dent, one  member  appointed  by  the  Kaiser,  and  three  by  the 
Bundesrat,  for  a  term  of  two  years. 

2  About  the  details  see  PaUntgesetz  of  April  7,  1891. 

[122] 


ADMINISTRATION  OF  THE  INTERIOR 

case  a  patented  invention  is  not  used  within  three 
years  after  its  grant,  the  patent  may  be  revoked 
by  the  Patentamt.  Furthermore  the  Empire  may 
buy  a  patent  from  an  inventor  whenever  it  is  in 
the  interest  of  the  general  public  welfare,  the  army 
or  the  navy.  In  a  similar  way  designs  and  trade- 
marks are  protected  by  special  laws,  the  former 
for  three  years,  and  the  latter  for  ten  years,  with 
the  privilege  of  renewal. 

Since  May  i,  1903,  the  German  Empire  has 
belonged  to  the  International  Union  for  the 
Protection  of  Industrial  Property.  All  the  coun- 
tries in  this  union  give  the  same  protection  to  in- 
ventions, designs  and  trade-marks  which  is  granted 
in  the  country  of  their  origin,  if  the  application 
for  protection  is  made  within  reasonable  time. 

The  Stein-Hard enberg  reforms  of  181 1  embodied 
for    the   first   time  in   the   Prussian   trade   laws   SuPer- 
the  principle  of  industrial  freedom  as  taught  by   trade  and 
Adam  Smith.     This  principle  was  fully  recognized    lndus&y 
in  the  law  regulating  trade  and  industry  of  the 
Empire,  the  Gewerbe-Ordnung  (Trade  Law).1 

In  the  beginning  of  the  seventies  a  movement 
to  return  to  a  system  of  protection  and  paternal- 
ism, a  neo-mercantilistic  tendency,  started  in 
Germany,  which  has  grown  stronger  and  stronger. 
The  principle  of  industrial  freedom  was  greatly 

1  This  law  is  the  Gewerbe-Ordnung  of  June  21,  1869,  of  the 
North  German  Federation,  which  was  taken  over  by  the 
Empire  in  1871.  It  has  undergone  many  very  important 
changes. 

[123] 


GERMAN  GOVERNMENT   AND   POLITICS 

modified  so  that  at  the  present  time  it  cannot  be 
said  to  obtain  in  Germany.  The  first  step  in  this 
direction  was  the  introduction  of  voluntary  guilds 
in  1878,  which  were  charged  with  important 
functions  regarding  the  training  of  apprentices. 
Many  other  amendments  in  favor  of  the  guild 
system  and  restriction  of  trades  and  indus- 
tries followed.  The  purpose  of  this  legislation 
was  to  restore  the  craft  of  the  artisan  to 
its  former  efficiency  and  dignity,  protect  arti- 
sans against  capitalists,  and  promote  self- 
respect  and  a  proper  class  spirit.  In  order 
to  attain  this  purpose,  the  Gewerbe-Ordnung  — 
officially  abbreviated  G.  O.  —  provides  for  pro- 
tection against  unjust  exploitation,  guarantees 
efficient  training  for  certain  occupations,  and 
regulates  an  official  representation  of  class  in- 
terests and  protective  measures  against  unfair 
competition. 

The  following  outline  of  this  law  illustrates 
in  detail  these  general  principles  of  the  activity  of 
the  German  government  in  the  regulation  of  trade 
and  industry. 

The  Gewerbe-Ordnung  distinguishes  between 
located  industry  and  trade,  unsettled  industry 
and  trade,  and  market  industry  and  trade. 

Located  industries  and  trades  have  to  be 
registered;  open  stores  and  restaurants  must 
give  the  full  name  of  the  owner  on  the  outside  of 
the  premises.  A  special  official  consent  is  neces- 
sary for  the  establishment  of  factories  and  ma- 

[124] 


ADMINISTRATION  OF  THF   INTERIOR 

chines  disagreeable,  detrimental  or  dangerous  to 
the  environment;  for  instance,  steam-engines, 
gunpowder  factories,  wind  motors,  etc.  An  "ap- 
probation," that  is,  a  consent  based  upon  the 
passage  of  an  examination,  is  necessary  for  cer- 
tain professions  and  occupations;  for  example, 
medicine  in  its  various  branches,  chauffeuring, 
several  branches  of  service  on  ocean  vessels,  such 
as  piloting.  A  special  concession  is  also  required 
for  certain  institutions  (medical,  theatrical,  liquor, 
loan,  employment,  immigration,  emigration,  pri- 
vate insurance,  mortgage  banking).  Other  occu- 
pations may  be  prohibited  to  persons  unfit  by 
character,  especially  dancing,  gymnastics,  trade 
with  explosives,  information  bureaus,  and  mar- 
riage bureaus. 

Tradesmen  who  travel  are  required  to  purchase 
a  certificate  granted  to  them  by  an  adminis- 
trative authority  of  their  place  of  residence. 
The  grant  of  the  certificate  depends  on  certain 
qualifications. 

The  buying  and  selling  at  markets  and  fairs 
is  free,  save  a  fee  for  the  stand.  The  number 
and  duration  of  fairs  and  markets  is  fixed  by  the 
administrative  authorities. 

Title  VI  of  the  ten  titles  of  the  G.  O.  reg- 
ulates the  organization  of  artisans  in  guilds 
or  Innungen.  These  are  created  for  the  culti- 
vation of  class  honor,  corps  spirit,  promotion 
of  a  healthy  relationship  between  masters  and 
helpers,  and  arbitration  between  them  in  case 

[125] 


GERMAN  GOVERNMENT  AND  POLITICS 

of  differences;  also  for  the  general  promotion 
of  common  interests,  the  care  of  employment 
bureaus,  and  for  the  regulation  of  the  affairs  of 
helpers.  The  creation  of  guilds  is  either  free  or 
obligatory,  as  regulated  in  the  G.  O.  The  guilds 
are  legal  corporations  under  the  supervision  of 
administrative  authorities.  Several  guilds  of 
the  same  administrative  districts  may*create  a 
committee  for  the  promotion  of  their  interests. 
The  states  of  the  Federation  are  obliged  to  create 
chambers  of  artisans  for  larger  districts.  These 
represent  the  interests  of  artisans  analogous  to 
the  representation  of  commercial  interests  in 
chambers  of  commerce. 

Title  VII  of  the  G.  O.  deals  with  the  legal 
status  of  workingmen,  and  especially  their  pro- 
tection. It  fixes  the  maximum  of  working  hours, 
Sunday  rest,  the  legal  status  of  minors  and  chil- 
dren, working  women,  wages  (which  must  be  paid 
in  German  money,  the  so-called  truck  system 
being  prohibited),  contracts,  length  of  instruc- 
tion for  beginners,  the  acquisition  of  the  master 
title  and  rights  connected  with  it,  protection 
of  life,  health  and  morality  of  workingmen  and 
women. 

The  enforcement  of  the  laws  and  regulations 
laid  down  in  the  G.  O.  is  in  the  hands  of  special 
civil  service  officers,  the  Gewerbeinspektoren  or 
trade  inspectors,  who  are  aided  by  the  local 
police.  They  are  appointed  by  the  governments 
of  the  several  states,  and  are  obliged  to  make 

[126] 


ADMINISTRATION  OF  THE  INTERIOR 

frequent  and  unanticipated  inspections  and  to 
place  before  the  Imperial  legislature  annual 
reports  about  their  activity.  Punishments  for 
the  violation  of  the  G.  O.  are  laid  down  in  its 
last  title. 

The  supreme  supervising  organ  is  the  Secre- 
tariat of  the  Interior  of  the  Empire.  The  local 
supervision  is  centralized  in  the  Ministries  of 
Commerce  and  Industry,  or  special  Departments 
of  Industry  of  the  several  states. 

A  special  Beiratfiir  Arbeiterstatistik  or  "Council 
for  Workingmen's  Statistics"  has  been  created  at 
the  Imperial  Office  of  Statistics  for  the  collection 
of  facts  concerning  the  promotion  of  the  interests 
of  industrial  workers. 

For  the  settlement  of  disputes  between  working- 
men  or  between  employers  and  employees,  special 
industrial  courts,  the  Gewerbegerichte  or  Trade 
Courts  may  be  created.  They  consist  of  a  chair- 
man and  four  members,  selected  from  employers 
and  employees. 

Perhaps  no  field  of  German  governmental 
activity  has  been  more  admired  and  used  as  an  ®tete !°~ 
example  than  her  system  of  compulsory  insur- 
ance. In  Germany,  even  the  severest  critics  of 
the  form  in  which  it  is  now  managed  admit  its 
advantages.  Thus  the  foremost  German  critic  of 
its  working  in  the  Empire,  Prof.  L.  Bernhard, says:1 

"A  survey  of  medical  literature  clearly  shows 

1  Taken  from  L.  Bernhard,  "The  Future  of  Social  Policy 
in  Germany,"  1912.  Translated  by  L.  H.  Gray. 

[127] 


surance 


GERMAN  GOVERNMENT  AND  POLITICS 

that  instruction  in  simulation  and  aggravation 
has  actually  become  a  special  science  since  the 
introduction  of  workingmen's  insurance  and 
through  workingmen's  insurance.  But  even  sim- 
ulation itself  is  not  the  worst.  A  far  more  dubious 
phenomenon  is  the  formation  in  the  consciousness 
of  the  masses  of  a  trend  of  thought  which  creates 
close  connections  between  every  illness  and  a 
title  to  a  pension.  As  a  result  attention  is  cease- 
lessly directed  to  the  conditions  connected  with 
one's  own  body,  and  those  nervous  phenomena 
appear  which  are  called  'pension  hysteria*  by 
physicians.  The  social  policy  of  Germany  leads 
to  an  elimination  of  private  initiative,  to  a  check 
upon  the  spirit  of  enterprise,  and  to  an  anni- 
hilation of  independence,  and  countless  bureau- 
cratic interferences  impede  the  progress  of  our 
industries." 

Yet  on  the  other  hand  Professor  Bernhard  ad- 
mits that  "  Protection  of  workingmen  has  proved 
itself  to  be  so  necessary  and  so  beneficial  that  it  is 
the  bounden  duty  of  all  to  speak  of  these  matters 
with  respect  and  restraint.  We  all  know  that  the 
concept  of  insurance  is  sound  at  heart,  ...  It 
was  indeed  important  to  balance  the  dangers  of 
the  workingmen's  tasks,  and  to  offset  sickness 
and  dread  of  old  age." 

The  principles  upon  which  the  German  gov- 
ernment initiated  its  marvelous  system  of  state 
insurance  were  laid  down  in  the  famous  Imperial 
Messages  of  November  17,  1881,  and  April  14, 

[128] 


ADMINISTRATION  OF  THE  INTERIOR 

1883.  In  the  first  message,  Kaiser  William  I 
said:  "The  abolition  of  social  evils  should  not 
be  accomplished  exclusively  by  repression  of  so- 
cial excesses  but  equally  by  positively  promoting 
the  welfare  of  the  workingmen.  We  consider  it 
Our  Imperial  duty  to  impress  the  Reichstag  with 
the  necessity  of  promoting  the  welfare  of  the 
workingmen,  and  We  would  look  back  with 
greater  satisfaction  to  all  Our  successes  with 
which  God  has  apparently  blessed  Our  govern- 
ment, if  We  succeeded  in  taking  away  with 
Us  the  assurance  that  We  have  left  behind  Us 
for  the  Fatherland  new  and  lasting  certainty  of 
its  inner  peace,  and  for  those  who  need  help 
greater  security  and  assistance,  to  which  they 
are  entitled/* 

Since  then  the  system  of  State  Insurance  has 
been  steadily  built  up  to  the  present  time. 

The  essential  characteristic  feature  of  the 
German  State  Insurance  is  obligatory  member- 
ship. The  insurance  organs,  that  is,  communes 
and  sick-benefit  associations  of  different  types, 
or  cooperative  associations,  are  conducted  from 
the  standpoint  of  reciprocity  and  self-govern- 
ment. The  executive  officers  are  honorary  offi- 
cials elected  by  proportional  vote  from  among 
the  employers  and  employees.  The  states  have 
only  a  general  supervision  over  these  insurance 
organs  through  insurance  offices,  of  which  there 
are  three  kinds:  lower,  superior,  and  one  "Su- 
preme Imperial  Insurance  Office,"  the  Reichs- 

[129] 


GERMAN  GOVERNMENT  AND  POLITICS 

versicherungsamt.1  All  these  offices  contain  some 
lay  members  who  are  selected  equally  from  the 
employers  and  employees;  the  superior  offices 
employ  also  judges,  and  the  Supreme  Office 
includes,  besides  professional  officers,  who  are 
appointed  by  the  Kaiser  upon  recommendation 
of  the  Bundesrat,  some  members  of  the  Bundesrat. 
All  these  officers  have  special  judicial  departments 
for  the  settlement  of  disputes  arising  from  in- 
surance, the  Supreme  Office  being  the  final  court 
of  appeal. 

The  three  kinds  of  insurance  are:  sick,  acci- 
dent, and  old  age  and  invalid  insurance. 

All  employees  earning  an  income  of  less  than 
5,000  marks  are  required  to  join  an  accident  in- 
surance association.  If  their  income  is  less  than 
2,500  marks  they  must  likewise  join  a  sick 
insurance  association,  and  if  it  falls  below  2,000 
marks  they  must  join  an  old  age  and  invalid 
association. 

The  insurance  against  sickness  gives  the  in- 
sured sufficient  help  in  case  of  sickness  for  at  least 
twenty-six  weeks.  Young  mothers  receive  finan- 
cial assistance  for  eight  weeks  after  giving  birth 
to  a  child.  In  case  of  death  the  relatives  of  the 
deceased  receive  a  sum  equal  to  at  least  twenty 
times  the  average  daily  wages  of  the  deceased. 
The  expense  of  the  insurance  is  borne  one 

1  Bavaria,  Saxony,  and  Baden  have  a  "Supreme  Insurance 
Office"  of  their  own,  which  in  many  cases  takes  the  place 
of  the  Imperial  Office. 

[130] 


ADMINISTRATION  OF  THE  INTERIOR 

third  by  the  employees  and  two  thirds  by  the 
employers. 

The  accident  insurance  entitles  the  insured 
member  to  financial  compensation  for  accidental 
injury  or  death  not  caused  by  his  own  gross  neg- 
ligence. In  case  of  permanent  injury  the  com- 
pensation consists  of  free  medical  treatment 
beginning  with  the  fourteenth  week  *  and  a  pen- 
sion fixed  according  to  the  severity  of  the  injury 
up  to  a  maximum  of  two  thirds  of  the  last  annual 
income  of  the  injured  person.  In  case  of  death 
the  near  relatives  are  entitled  to  a  pension  and  a 
Sterbegeld  or  "Death-Money,"  equal  to  one  fif- 
teenth of  the  last  annual  income  of  the  deceased. 
The  expense  of  the  accident  insurance  is  borne 
entirely  by  the  employers. 

Members  of  the  old  age  and  invalid's  insurance 
associations  are  entitled  to  a  pension  at  the  be- 
ginning of  permanent  invalidity,  or  always  after 
the  age  of  seventy  years.  Invalid  widows,  and 
orphans  under  fifteen  years  of  age,  of  insured 
persons,  are  also  entitled  to  a  pension.  The 
expense  of  this  insurance  is  borne  by  the  govern- 
ment, the  employers  and  the  employees.  The 
government  pays  for  every  invalid's  pension 
yearly  fifty  marks.  The  rest  is  equally  divided 
between  the  other  two  parties. 

All  the  different  insurance  laws,  eight  in  num- 
ber, have  been  revised  enlarged  and  edited  as  one 

1  During  the  first  thirteen  weeks,  the  sick  insurance  asso- 
ciation has  to  give  its  assistance  to  the  injured  person. 

[131] 


GERMAN  GOVERNMENT  AND  POLITICS 

harmonious  law,  the  Insurance  Act  of  July  19, 
1911. 

A  few  figures  may  serve  to  illustrate  the 
enormous  proportions  of  the  system.  In  1912 
fourteen  million  people  were  insured  against 
sickness,  twenty-five  million  against  accident, 
and  sixteen  million  against  old  age  and  invalidity. 
About  nine  billion  marks  have  been  expended 
since  the  passage  of  the  insurance  laws. 

The  Constitution  Article  4,  15,  gives  the  Em- 
Medical  pjre  tne  right  of  legislation  in  regard  to  medical 
erinary  and  veterinary  practice.  This  is  under  the  care 
and  supervision  of  the  Secretariat  of  the  Interior. 
The  technical  questions  are  handled  by  one  of  its 
departments,  the  Gesundheitsamt  (Health-Office). 
Several  Imperial  laws  directly  affecting  the  medical 
police  have  been  passed;  for  example,  the  law  of 
1874,  making  vaccination  compulsory;  a  law 
of  1900  for  the  extermination  of  contagious  dis- 
eases; the  pure  food  law  of  1879,  including  the 
supervision  of  toys,  colors,  petroleum,  etc. ;  a  law 
of  1900  concerning  the  inspection  of  meat;  the 
international  convention  of  1893  against  cholera; 
the  international  sanitary  convention  of  1894  for 
the  inspection  of  pilgrim  vessels  from  India;  the 
international  convention  of  1903  concerning  meas- 
ures against  pests,  cholera,  and  yellow  fever. 

In  regard  to  veterinary  police,  several  Imperial 
laws  have  been  passed;  for  instance,  the  law  of 
1909  concerning  animal  epidemics;  the  law  of 
the  North  German  Federation  of  1869  concerning 

[132] 


ADMINISTRATION  OF  THE  INTERIOR 

measures  against  epidemics  of  cattle;  the  law  of 
1876  in  regard  to  the  removal  of  contagious 
material  in  freight  trains;  and  a  few  others. 
The  administration  of  these  laws  is  left  almost 
entirely  to  the  several  states. 

SELECTED  BIBLIOGRAPHY 

ASHLEY,  A.     "The  Social  Policy  of  Bismarck." 

DAWSON,  W.  H.     "Social  Insurance  in  Germany,  1883-1911." 

"The  Reichsbank,  1876-1900."     Published  under  the  auspices 

of  the  Reichsbank. 
BARKER,   J.    E.     "Modern   Germany,"    Chapters   XXVIII- 

XXX. 


[133] 


CHAPTER  XI 

THE     FINANCES     OF     THE 
GERMAN     EMPIRE 

THE  financial  calculations  of  private  persons 
are  based  upon  their  income;  those  of  a 
state,  upon  its  necessary  expenditures.  As  a 
rule,  income  is  not  an  end  in  itself  with  the  state. 
Its  amount  is  prescribed  by  the  needs  of  the 
state. 

When  we  look  at  the  history  of  the  expendi- 
The  tures  of  the  German  Empire,  we  find  that  they 
ment  have  steadily  and  enormously  increased.  This  is 
of  the  partly  due  to  the  development  of  the  original 

expend!-  /  .  .  & 

tures  of      administrative  branches,  and  partly  to  the  fact 
4116  that  the  Empire  has  started  new  spheres  of  activ- 

Emplre         .  .  •        f          i      •  «    •  i       r 

ity  since  its  foundation.  Aside  trom  the  regular 
increase  in  the  size  of  the  army,  the  improvement 
of  its  rations,  the  higher  cost  of  living,  and  the 
introduction  of  modern  hygiene  in  the  barracks 
have  increased  the  standard  of  expenditure  and 
raised  the  total  cost  of  army  maintenance  to 
three  times  the  expenditure  of  1872.  The  cost  of 
the  interior  administration  is  also  three  times  as 
high;  that  of  the  administration  of  foreign  affairs 
four  times  as  high.1  The  expenditures  for  the 

1  E.g.,   there  exist   now  more   than   five   times   as  many 
consulates  as  in  the  beginning  of  the  Empire. 

[134] 


THE  FINANCES  OF  THE  EMPIRE 

large   and   increasing   Imperial   debts  must  also 
be  reckoned  in  as  an  important  factor. 

Of  new  activities  which  consume  great  amounts 
of  money,  should  be  mentioned,  in  the  first  place, 
the  creation  of  the  German  navy.  The  current 
expenditures  for  the  navy  alone  amounted  to 
197,396,000  marks  in  the  year  1913. 

Furthermore,  the  acquisition  and  administra- 
tion of  colonies  have  greatly  influenced  the 
finances  of  the  Empire.  The  revolts  in  South 
Africa  and  the  expedition  to  China  in  1900 
cost  the  Empire  720  millions  of  marks.  Another 
tremendous  increase  was  caused  by  the  contri- 
bution of  the  Empire  to  the  system  of  compulsory 
state  insurance  which  was  started  in  the  eighties 
of  the  last  century.  The  patent  office,  the  sani- 
tation office,  the  supervising  authorities  for  private 
insurance  companies,  contributions  to  scientific 
investigations,  subventions  for  steamship  com- 
panies, and  other  new  expenditures  for  cultural 
purposes,  help  to  increase  the  cost  of  the  main- 
tenance and  development  of  the  government. 
As  a  whole  the  expenditures  of  the  German 
Empire,  from  1872  to  the  financial  reform  of 
1909,  multiplied  about  four  times.  They  rose 
from  about  400  millions  to  1,650  millions  of  marks. 

Let  us  now  examine  the  sources  of  the  income 
of  the  German  Empire.     The  nature  of  a  federa-   Fe<*eral 
tion  requires  a  division  of  the  income  between  the   state 
union  and  the  several  states.     The  stronger  the   &uaices 
centralization,  the   greater  the   federal  expendi- 

[135] 


GERMAN  GOVERNMENT  AND  POLITICS 

tures,  and  the  more  therefore  is  the  union  entitled 
to  remunerative  taxes.  On  the  other  hand,  the 
several  states  are  usually  the  original  political 
units  of  a  federation  and  have  reserved  a  large 
number  of  taxes  for  themselves  which  they  are 
not  willing  to  transfer  to  the  union.  The  most 
natural  division  of  the  income  is  the  general 
principle  found  alike  in  Germany,  the  United 
States  and  Switzerland  that  customs  duties  and 
indirect  taxes  are  reserved  to  the  union.  In 
addition,  checks,  mortgages,  railroad  tickets, 
etc.,  are  taxed  by  the  German  Empire  on 
account  of  their  mobility.  This  principle  of 
division  of  Imperial  and  state  finances,  however, 
is  not  strictly  carried  out.  Excises  on  beer  and 
wine  are  laid  by  some  of  the  states  of  Southern 
Germany,  and  in  latter  years  the  Empire  has 
levied  taxes  on  immobile  values,  such  as  the  in- 
heritance tax,  taxes  on  unearned  increment,  etc. 
Another  important  exception  to  this  principle  are 
the  so-called  Matrikularbeitriige,  or  Contributions 
of  the  States,  which  will  be  discussed  later  on. 

The  income  of  the  Empire,  other  than  from  its 
7116          property,    consists   therefore   at    present   of   the 

system 

of  following: 

imperial         j     Customs    duties.      Originally,    the    Empire 

Income  .  -rr        t>          r 

started  with  a  low  protective  tariff.  r>ut  tor 
several  reasons,  mentioned  in  other  parts  of  this 
volume,1  it  changed  in  1879  to  a  high  protective 
tariff,  which  was  increased  in  1885  and  1887. 

1  See  pp.  224  ff. 
[136] 


THE  FINANCES  OF  THE  EMPIRE 

The  year  1892  brought  the  commercial  treaties 
with  Austria,  Italy,  Switzerland,  Belgium,  Rou- 
mania,  Serbia  and  Russia,  which,  since  they  were 
concluded  for  a  fixed  period  of  twelve  years,  gave 
German  products  a  greater  market  stability.  A 
significant  feature  of  these  treaties  was  the  lower- 
ing of  the  duties  on  agricultural  products.  The 
agricultural  interests  fought  bitterly  against  these 
treaties,  and  after  hard  struggles  a  tariff  was 
passed  in  1902  which  went  into  force  in  1906. 
This  tariff  again  increased  the  duties  on  corn, 
whereupon  the  existing  commercial  treaties  were 
amended.  Most  of  the  commercial  treaties  will 
expire  at  the  end  of  the  year  1917.  The  customs 
duties  are  the  main  source  of  the  Imperial  income, 
constituting  about  one  half. 

2.  Excises  collected  on  brandy,  beer  (exclud- 
ing  South  Germany),   burners   and   lamps,   salt, 
champagne,     tobacco,     cigarettes,     sugar     and 
matches. 

3.  Stamp    taxes    collected    on    playing    cards, 
bills  of  exchange,  checks,  foreign  banking  notes, 
shares,   deeds,   mortgages,   bills  of  sale,   bills  of 
lading,  betting  and  lottery  tickets,  railroad  tickets, 
license  cards  for  automobiles  used  for  business 
purposes,  the  remuneration   of  members  of  the 
supervising  boards  of  stock  companies.     Among 
these  taxes  we  may  enumerate  also  the  Imperial 
inheritance  tax,  although  it  is  not  a  stamp   tax 
in  its  form.     One  quarter  of  this  goes  to  the  sev- 
eral states.     The  tax  progresses  according  to  the 

[137] 


GERMAN  GOVERNMENT  AND  POLITICS 

grade  of  relationship  and  the  amount  of  the  heri- 
tage. Since  1911  the  Empire  has  derived  an  in- 
come from  a  tax  on  the  unearned  increment  of  real 
estate,  of  which  50  per  cent  goes  to  the  Imperial 
Treasury,  10  per  cent  to  that  of  the  several  states, 
and  40  percent  to  the  communes. 

4.  Contributions  of  the  several  states,  called 
Matrikularbeitrage,1  calculated  according  to  the 
number  of  inhabitants  of  the  states.  Originally 
these  contributions  were  considered  only  a  tem- 
porary institution.  R.  V.,  Article  70,  provided 
that  they  should  be  in  existence  only  until  the 
Empire  would  have  acquired  other  means  of 
income.  Bismarck  disliked  the  idea  that  "the 
Empire  was  an  undesirable  boarder  of  the  several 
states/' 2  and  wished  to  abolish  the  matricular 
contributions  entirely.3  But  for  political  reasons 
the  Reichstag  refused  to  abolish  them.  Since 
they  yearly  require  the  consent  of  the  Reichstag, 
they  give  a  decided  and  frequent  political  con- 
trol over  the  finances  of  the  Empire.  The  final 
desire  of  the  majority  of  the  Reichstag  has  been 
to  establish  the  political  responsibility  of  the 
Secretary  of  Finances,  but  since  the  government 
always  has  been  opposed  to  even  the  slight- 
est tendency  toward  ministerial  responsibility  it 

1  Switzerland   has   also  legally   recognized   the  system   of 
Matrikularbeitrage,  but  other  sources  of  income  have  made  it 
unnecessary   to  collect  contributions  from  the  several  states. 

2  Speech  in  the  Reichstag  of  May  2,  1879. 

3  Speech  in  the  Reichstag  of  March  10,  1877. 

[138] 


THE  FINANCES  OF  THE  EMPIRE 

has  insisted  on  exercising  a  constant  control 
over  the  finances  of  the  Empire  through  its  con- 
sent to  the  contributions.  When,  therefore,  the 
Reichstag  in  the  year  1879  passed  the  high  pro- 
tective tariff,  it  saw  to  it  that  the  contributions 
would  not  be  made  unnecessary  on  account  of  the 
large  income  from  the  customs  duties.  For  this 
reason  it  created  an  artificial  deficit  by  the  pas- 
sage of  the  so-called  clausula  Frankenstein. l  Ac- 
cording to  this  clause  a  considerable  part  of  the 
income  from  the  customs  duties  had  to  be  given  to 
the  states,  which  in  their  turn  had  further  on  to 
fill  out  the  deficit  of  the  Empire  by  matricular 
contributions.  The  system  of  these  exchanges 
between  the  Empire  and  the  states  has  been 
frequently  changed  2  but  never  abolished. 

In  the  year  1904  the  clause  of  R.  V.,  Article  70, 
"so  long  as  Imperial  taxes  are  not  introduced," 
was  eliminated  and  thus  the  matricular  con- 
tributions are  now  recognized  as  permanent  taxes. 
Since  1909  the  exchange  between  the  Empire 
and  the  states  is  made  through  the  brandy  tax. 
The  income  from  this  tax  is  transmitted  to  the 
states.  These  have  in  turn  to  contribute  to  the 
income  of  the  Empire  according  to  the  deficit 
of  the  Imperial  Treasury.  And  then  again  the 
Empire  hands  over  the  surplus  of  its  income  to 
the  states.  This  system  is  artificial  and  compli- 

1  So  called  after  its  clerical  originator  in  the  Reichstag. 

2  For  instance,  in  1904  and   1906  the  contributions  were 
decreased. 

[139] 


GERMAN  GOVERNMENT  AND  POLITICS 

cated  in  the  highest  degree,  and  a  change  is  greatly 
to  be  desired. 

The   Imperial   Fiskus   or   Reichsfiskus,   is   the 
Fiskus,      German  Empire  in  its  legal  capacity  as  owner 

Imperial  ' 

property,    ot   property,  tor  example,   railroads,   posts,   tele- 
imperial     graphs,  etc.     As  such  it  is  treated  like  any  public 

debts  . 

corporation.  Alsace-Lorraine  and  the  protector- 
ates have  their  own  Fiskus. 

The  Imperial  property  of  Germany  is  very  small 
compared  with  that  of  the  states.  It  consists 
of  the  railroads  in  Alsace-Lorraine,  which  were 
bought  from  France  in  1871  for  325  million  francs; 
the  Imperial  war  treasure,  consisting  of  120  mil- 
lion marks  in  gold,  and  kept  for  costs  of  mobiliza- 
tion; the  Imperial  Veterans'  Fund,  which  originally 
consisted  of  561  million  marks  but  which  had  sunk 
to  about  130  million  marks  in  1909.  The  money 
for  the  last  two  funds  was  reserved  from  the 
French  war  indemnity.  Further,  there  should  be 
mentioned  the  share  which  the  Empire  receives 
from  the  Imperial  Bank,  the  Government  Print- 
ing Office,  the  "Imperial  Gazette,"  a  few  Imperial 
railroads  and  the  posts  and  telegraphs.  Besides 
this  so-called  financial  property,  the  Empire  pos- 
sessed also  so-called  administrative  property, 
e.g.,  administrative  buildings,  fortresses,  military 
and  naval  stations,  etc. 

Corresponding  to  the  classification  of  property, 
the  debts  are  divided  into: 

i.  Finance  debts;  e.g.,  those  made  for  ex- 
traordinary needs;  and, 

[140] 


THE  FINANCES  OF  THE  EMPIRE 

2.  Administrative  debts;  e.g.,  those  made  for 
current  administrative  purposes. 

The  latter  may  be  incurred  by  any  administra- 
tive department  on  the  basis  of  the  budget.  The 
others  may  be  created  only  by  virtue  of  special 
laws.  Of  these  distinction  is  to  be  made  between 
Reichskassenscheine,  that  is,  actual  paper  money 
bearing  no  interest  and  exchangeable  for  cash  at 
any  Imperial  office  ;  Schatzamueisungen,  that  is, 
drafts,  bearing  interest  and  issued  for  a  fixed  term; 
and  Reichsanleihen,  which  differ  from  the  former 
drafts  in  that  their  term  of  expiration  is  not  fixed. 

The  German  Empire  started  with  finances  in 
good  condition.     It  had  no  debts.     The  770  mil-   Outilne 
lion  marks  of  debts  of  the  North  German  Feder-   financial 
ation  and  of  the  Franco-German  War  were  paid   bistory 
by  the  French  indemnity  in  the  year  1873.     The   Germany 
sources  of  Imperial  income,  however,  were  very 
poor  in  the  seventies.     The  contributions  of  the 
states  until  1879  amounted  to  about  one  quarter  of 
the  entire  income  of  the  Empire.     In  the  year  1878 
the  income,  other  than  from  contributions,  had 
increased    by   twenty-nine    million    marks   only, 
while    the   expenditures    had   increased    by    100 
million  marks. 

Bismarck  saw  clearly  the  dangers  of  insufficient 
sources  of  income  for  the  Empire.  Mainly  to 
improve  the  Imperial  finances  and  give  the  Empire 
an  independent  large  revenue,  he  introduced, 
in  the  year  1878,  the  protective  tariff  and,  unsuc- 
cessfully, planned  the  Imperial  ownership  of  rail- 


GERMAN  GOVERNMENT  AND  POLITICS 

roads,  the  tobacco  monopoly,  and  later  on  the 
brandy  monopoly.  Unfortunately,  the  financial 
reform  of  Bismarck  was  reduced  in  its  effect  by 
the  clausula  Frankenstein.1  While  the  financial 
reform  of  1878  opened  a  splendid  source  of  income 
—  the  customs  duties — the  uncertainty  of  the 
finances  remained  on  account  of  this  distracting 
clause. 

During  the  period  from  1879  to  1900,  the  ex- 
penditures of  the  Empire  increased  rapidly.  The 
income  consisted  mainly  of  contributions  and  of 
loans.  As  a  matter  of  fact  the  surplus  of  the 
customs  duties  paid  to  the  states  surpassed  their 
contributions  from  1879  to  1899  by  390  millions. 
On  the  other  hand,  the  debts  which  the  Empire 
incurred  during  this  period  amounted  to  2,300 
million  marks.  And  furthermore,  these  debts 
were  made  without  any  arrangement  for  their 
repayment.  Since  1900  the  expenditures  in- 
creased more  than  ever,  while,  in  spite  of  minor 
reforms,  the  income  did  not  increase  correspond- 
ingly. In  1908  the  Imperial  debt  had  reached 
the  sum  of  4,253^  million  marks. 

The  financial  history  of  the  Empire  is  shame- 
ful when  we  consider  the  permanent  peace  and 
prosperity  of  the  country  since  its  foundation. 
It  was  indeed  time  for  change  when,  in  Novem- 
ber, 1908,  the  Bundesrat  proposed  a  reform  of 
the  financial  system  of  the  Empire,  for  which 
500  million  marks  were  demanded  by  the  govern- 
1  Cf.  p.  138. 

[142] 


THE  FINANCES  OF  THE  EMPIRE 

ment.  Although  the  reform,  carried  out  in  the 
year  1909,  was  far  behind  the  expectations  of 
the  leading  authorities  on  finance  and  favored 
the  wealthy  classes  unduly,  it  nevertheless  made 
considerable  improvement  in  the  situation.  The 
aim  of  the  reform  was  to  stop  the  creation 
of  more  debts,  and  to  provide  for  the  existing 
debts  systematically;  to  bring  expenditure  and 
income  into  harmony;  and  to  regulate  the 
financial  relations  between  the  Empire  and 
the  states.  The  last  of  the  three  reforms  has 
not  been  accomplished,  and  it  remains  a  problem 
for  the  future.  As  long  as  the  Empire  has  not 
its  own  independent  revenue,  and  with  it  full 
financial  responsibility,  the  situation  is  neither 
logical  nor  satisfactory. 

The  latest  change  in  the  financial  system  of 
the  German  Empire  took  place  June  30,  1913. 
The  increase  of  the  army,  necessitated  by  the 
secret  military  agreement  between  Germany's 
enemies  known  to  the  German  government,  re- 
quired an  increase  of  almost  a  billion  marks 
of  extraordinary  non-recurring  expenditure,  be- 
sides an  increase  of  the  current  expenditure.  To 
meet  the  first  a  so-called  "defense  contribution" 
or  Wehrsteuer  was  accepted.  This  was  a  non- 
recurring direct  property  tax  on  all  estates  exceed- 
ing 10,000  marks,1  and  progressing  at  the  rate  of 

1  Persons  with  an  income  of  less  than  4,000  marks  were 
exempt  up  to  30,000  marks;  persons  having  an  income  of  less 
than  2,000  marks  were  exempt  up  to  50,000  marks. 

[143] 


GERMAN  GOVERNMENT  AND  POLITICS 

from  0.35  to  i  ^  per  cent  of  the  property.  For 
the  increase  of  current  expenditures  a  property 
increment  tax,  a  stamp  and  a  sugar  tax  were 
decided  upon.  The  first  of  these  three  taxes 
was  passed  in  the  Reichstag  against  the  opposition 
of  the  Right;  the  second  and  third  against  that 
of  Social-Democrats.  The  Poles  and  Alsatians, 
objectors  on  principle  voted  against  all  three. 

The  requirements  for  the  Imperial  budget,  that 
J11*  is,  the  estimates  of  the  future  income  and  ex- 
penditures of  the  Empire,  are  laid  down  in  R.  V., 
Article  69.  This  article  says,  in  the  first  place, 
that  the  budget  must  be  determined  by  law.  It 
is,  in  other  words,  an  administrative  act  passed 
in  the  form  of  an  Imperial  law.  Article  69  also 
lays  down  that  the  budget  must  be  made  for  a 
year.  Since  1876,  the  fiscal  year  of  the  Empire 
has  been  fixed  from  the  first  of  April  to  the  thirty- 
first  of  March.  The  nature  of  the  budget  being 
that  of  a  preliminary  estimate,  it  must  be  fixed 
before  the  beginning  of  the  fiscal  year.  Further- 
more, the  budget,  according  to  the  Constitution, 
should  as  a  rule  be  put  into  the  form  of  one  har- 
monious law.  In  fact,  however,  there  are  separate 
special  budgets  for  unforeseen  expenses  or  in 
case  of  an  unavoidable  change  in  the  sources  of 
income. 

The  budget  is  naturally  only  a  program  which 
the  administration  follows  without  binding  itself 
absolutely  by  it.  The  form  of  the  budget  law  is 
not  laid  down  by  the  Constitution,  but  has  de- 

[  144] 


THE  FINANCES  OF  THE  EMPIRE 

veloped  by  practice.  It  consists  of  an  introduc- 
tion, the  budget-law  proper,  and  the  budget 
itself.  Logically,  the  budget  itself  is  divided  into 
two  main  portions:  Expenditure  and  Income. 
The  expenditures  are  divided  into  continuing 
and  annual  expenditures.  The  latter  are  desig- 
nated ordinary  expenses,  that  is,  those  which  are 
balanced  by  regular  income;  and  extraordinary 
expenses,  those  which  are  balanced  by  the  Im- 
perial financial  property  or  loans.  The  Expend- 
iture is  classified  according  to  the  secretariats  and 
central  administrative  bureaus;  the  income,  ac- 
cording to  its  sources.  The  income  is  counted 
as  net  income. 

In  regard  to  the  military  budget  a  peculiar 
situation  exists.  According  to  the  agreement  of 
November  23,  1870,  Bavaria's  part  is  given  as  a 
lump  sum  while  she  has  the  right  to  determine 
the  detailed  military  budget  for  herself.  The 
protectorates,  since  1892,  have  had  their  own 
budgets. 

According  to  practice,  the  Secretary  of  Fi- 
nance fixes  the  budget,  in  cooperation  with 
his  colleagues.  It  then  goes  to  the  Bundesrat, 
where  it  is  discussed  with  the  assistance  of  the 
Ministers  of  Finance  of  the  several  states.  After 
the  budget  has  been  fixed  by  the  Bundesrat,  it 
is  transmitted  to  the  Reichstag.  This  body  may 
criticize  and  amend  it  in  its  most  important  com- 
mittee, the  Budget  Committee,  and  in  pleno.  It 
is  a  principle  clearly  recognized  by  all  German 

[145] 


GERMAN  GOVERNMENT  AND  POLITICS 

students  of  constitutional  law,  that  neither  the 
Reichstag  nor  the  Bundesrat  has  a  right  to  refuse 
the  expenditures  necessary  for  carrying  on  the 
existing  machinery  of  the  state. 

New  sources  of  income  can  be  opened  only 
with  the  consent  of  the  Reichstag  and  Bundesrat. 
Their  consent  is  also  necessary  for  loans,  issuing 
of  Imperial  notes,  and  any  exchange  of  financial 
property. 

According  to  R.  V.,  Article  72,  the  Chancellor 
Control  of  the  Empire  must  every  year  give  an  account 
finances  to  the  Bundesrat  and  Reichstag  of  the  use  of  the 
Imperial  income.  For  this  purpose  an  itemized 
statement  of  the  financial  transactions  of  all 
the  departments  is  prepared  at  the  end  of 
every  budget  period.  This  statement  is  then 
audited  by  the  most  careful  and  thorough 
methods,  by  the  Court  of  Control,  the  Rechnungs- 
hof.1  This  office  can  demand  information  from 
every  administrative  department,  and  appoint 
commissions  of  investigation.  The  examined 
statement,  together  with  a  memorandum,  is  then 
placed  in  the  hands  of  the  Bundesrat  and  the 
Reichstag,  which  refer  it  for  detailed  examination 
to  their  special  committees.  Thereupon  follows 
the  discharge  of  the  Chancellor  from  further  re- 
sponsibility. No  provision  has  been  made  as  yet 
for  cases  in  which  the  legislative  bodies  might 
not  be  satisfied  with  the  result  of  their  investi- 
gations. 

1  As  given  in  the  Reichsschuldenordnung  of  March  19,  1900. 
[I46] 


THE  FINANCES  OF  THE  EMPIRE 

The  supreme  office  for  the  supervision  of  the 
Imperial  finances  is  the  Reichsschatzamt,  which    Central 
was  created  as  a  secretariat  under  the  Chancellor  auon 
in   the  year  1879.     Besides  this  general  central 
organ    there    are    several    independent    Imperial 
finance  offices.     These  are: 

1.  The  Office   for   the    Administration  of  the 
Debts  of  the  Empire,  or  the  Reichsschuldenver- 
waltung.     This  office,   for  its  main    business,   is 
directly  responsible  to  the  Chancellor.     For  its 
less  important  business,  it  is  subject  to  the  super- 
vision of  the  Secretary  of  Finances.     This  office 
is  also  in  charge  of  the  issuing  of  the  Reichskas- 
senscheine  l  and  of  the  editing  of  the  "  Book  for 
the  Registration  of  the  Imperial  Debts"  or  the 
Reichsschuldbuch. 

2.  The  Office  for    the    Administration  of  the 
Fund  of  the  Veterans  of  the  Empire. 

3.  The  Commission   for    the  Imperial    Debts, 
the  Reichsschuldenkommission.     This  Commission, 
consisting    of    six    representatives    each    of   the 
Bundesrat  and  the  Reichstag,  and  the  President 
of  the  Rechnungshof,  supervises  the  administra- 
tion of  the  Imperial  debts,  as  well  as  that  of  the 
active  finances  of  the  Empire,  the  war  treasure, 
and  the  veterans'  funds. 

4.  The   Court    of    Financial    Control,   or  the 
Rechnungshof.      This    court    audits    all    bills    of 
the   Empire.     It  has  absolute    independence    of 
the   administration.     Its   officers   are   appointed 

1  See  page  141. 

[147] 


GERMAN  GOVERNMENT  AND  POLITICS 

for  life  and  cannot  be  dismissed  except  for  legal 
reasons. 

The  collection  and  administration  of  the  Im- 
perial revenues  is  left  to  the  states,  which  are 
remunerated  by  the  Empire  for  their  services. 
The  Empire  exercises  a  general  supervision  over 
the  state  officers  through  Imperial  commissioners, 
who  belong  to  the  Imperial  Secretariat  of  Finances. 

SELECTED    BIBLIOGRAPHY 

HOWARD,  B.  E.      "The  German  Empire,"  Chap.  XI  (The 

Constitution  and  Imperial  Finance). 
DAWSON,  W.  H.      "The  Evolution  of  Modern  Germany," 

Chap.  XX  (The  Price  of  Empire). 
BARKER,  J.  E.      "Modern  Germany,"  Chap.  XXVI   (The 

Fiscal  Policy  of  Germany  and  its  Results). 


[148] 


A 


CHAPTER  XII 

THE     ARMY 

S  far  as  the  military  affairs  of  the  German 
states  are  centralized,  they  are  administered 


by  the  Prussian  Ministry  of  War.  The  necessary  Central 
harmony  between  the  Empire  and  the  privileged  uon 
states  is  brought  about  in  the  "Committee  for 
the  Army  and  the  Fortresses"  of  the  Bundesrat. 
The  Prussian  Ministry  of  War  is  divided  into  the 
General  War  Department,  the  Department  for 
the  Administration  of  the  Army,  the  Department 
of  Provision  and  Justice,  the  Inspection  of  the 
Supply  of  Horses,  and  the  Department  of  Medical 
Affairs.  Under  the  central  organization  is  also 
the  Feldzeugmeisterei  (Inspection  General  of  Ord- 
nance), which  has  charge  of  the  supervision  and 
inspection  of  the  technical  institutions  of  the 
infantry,  artillery  and  ammunition. 

The  local  administrative  offices  of  the  Ministry 
of  War  are  the  Intendanturen  (Army  Commissari- 
ats) of  which  each  army-corps  has  one.  Each 
Intendantur  is  subdivided  for  purposes  of  more 
detailed  inspection  into  Divisions  Intendanturen. 
There  are  also  special  local  Ammunition,  Archi- 
tectural, Garrison  and  Hospital  Administrative 
offices. 

The  military   institutions   of  Prussia   are   the 

[149] 


GERMAN  GOVERNMENT  AND  POLITICS 

basis  for  the  organization  of  the  German  army. 
The  One  of  the  greatest  weaknesses  of  the  German 
izauon  Confederation  was  the  loose  connection  between 
the  armed  forces  of  the  different  states  which 
formed  the  Confederation.  The  Constitution 
of  the  Empire  did  not  entirely  do  away  with  the 
system  of  "contingent"  armies;  however,  the  har- 
mony and  centralization  are  so  great,  that  outside 
of  Germany  the  army  appears  as  one,  and  it  might 
justly  be  called  an  Imperial  army.  The  most 
important  part  of  the  army,  the  Prussian  part, 
and  also  that  of  Alsace-Lorraine,  is  by  the  nature 
of  the  Empire  in  the  same  hands  in  which  is  the 
supreme  administration  of  the  whole  army.  A 
similar  situation  has  been  created  by  special  mili- 
tary treaties  with  most  of  the  German  states. 
Individual  contingents  with  special  privileges  are 
now  possessed  only  by  Bavaria,  Wiirtemberg  and 
Saxony. 

Articles  57-68  of  the  Constitution  form  the  fun- 
damental basis  for  the  organization  of  the  whole 
army.  The  expenses  for  the  maintenance  of  the 
army  are  paid  by  the  Empire.  The  strength  of 
the  army  is  fixed  by  the  Imperial  legislative  bodies 
for  a  certain  period.  All  legislation  in  regard 
to  military  affairs  is  Imperial.  The  commander-in- 
chief  of  the  army  is  the  Kaiser.  In  time  of  peace 
he  is  somewhat  restricted  by  special  military  trea- 
ties, but  he  has  an  unlimited  authority  during 
time  of  war.  He  has  at  any  time  the  right  of  in- 
spection and  may  declare  a  state  of  siege,  mobi- 
[150] 


THE  ARMY 

lize  the  army,  appoint  the  higher  officers,  and  also 
the  lower  officers  in  all  states  except  Bavaria, 
Wiirtemberg  and  Saxony.  The  Princes  of  the 
different  states,  as  well,  have  the  right  of  in- 
specting their  own  contingents.  In  Bavaria  the 
Kaiser  has  in  times  of  peace  no  other  right  than 
that  of  inspection. 

The  Imperial  Constitution  gives  a  fixed  num- 
ber of  soldiers  in  time  of  peace,  but  since  1874 
it  has  been  periodically  increased.  In  July,  1913, 
the  peace  strength  of  the  army  was,  by  Imperial 
law,  raised  to  661,478  common  soldiers  or  privates, 
105,535  non-commissioned  officers,  37,553  officers 
and  military  officials  of  higher  rank,  and  about 
20,000  one-year  volunteers.  This  brings  the 
peace  strength  up  to  about  I  per  cent  of  the  popu- 
lation, which  was  originally  the  numerical  basis  for 
the  army,1  but  which  it  has  never  had  before. 
As  soon  as  war  breaks  out,  or  is  imminent,  the 
army  is  increased  by  special  mobilization  ordered 
by  the  Kaiser.  All  means  of  communication 
are  then  placed  at  the  disposition  of  the  army. 
Germany  is  then  in  reality  a  "nation  in  arms." 

As  the  unit  of  the  peace  formation  of  the  army, 
Prussia-Germany  has  adopted  the  army-corps, 
of  which  there  are,  in  time  of  peace,  twenty-five 
(also  one  guard-mount  division).  This  organiza- 
tion originated  in  the  revolutionary  wars  of  France, 
and  was  developed  by  Napoleon  I.  Prussia  per- 
fected it  during  the  nineteenth  century,  and  after 

1  See  R.  V.,  Article  63. 

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GERMAN  GOVERNMENT  AND  POLITICS 

the  success  of  her  armies  in  1870-71  it  was  adopted 
universally  in  Europe.1 

A  normal  army-corps  now  consists,  in  time  of 
peace,  of  (i)  the  Staff;  (2)  four  brigades  of  in- 
fantry, two  regiments  of  field  artillery  —  com- 
prising nine  batteries  of  field  guns,  and  three 
of  field  howitzers,  seventy-two  pieces  altogether 
—  three  squadrons  of  cavalry,  one  or  two  com- 
panies of  pioneers,  a  bridge  train,  and  one  or  two 
bearer  companies;  (3)  technical  corps  troops, 
one  battalion  of  sharp-shooters  (Jager),  telegraph 
troops,  field  hospitals,  etc.,  one  or  two  battalions 
of  heavy  field  howitzers  or  mortars,  and  a  machine- 
gun  group.  The  total  fighting  strength  of  the 
army-corps  is  about  30,000  in  time  of  war. 
There  is  only  one  permanent  cavalry  division  in 
peace,  that  of  the  guard,  and  this  is  divided  into 
brigades.  A  brigade  consists  of  two  or  three  regi- 
ments of  the  same  type  of  arms.  The  regiments 
of  the  heavy  artillery,  train,  pioneers  and  infantry 
are  subdivided  into  battalions,  those  of  the  cavalry 
into  squadrons,  and  those  of  the  field  artillery  into 
batteries.  The  army  bill  of  1913  provided  also 
for  five  aeroplane  battalions,  or  seventeen  com- 
panies. There  were  further  twenty-four  dirigibles 
in  the  army  in  1913. 

1  There  is  now  a  tendency,  however,  to  regard  the  Division 
as  the  unit  of  modern  armies.  This  dates  back  to  the  end  of 
the  nineteenth  century,  when  in  most  armies,  including  the 
German,  the  largest  part  of  the  field  artillery  was  detached  from 
the  army-corps  and  placed  under  special  command. 


THE  ARMY 

The  strategy  and  tactics  of  the  army  are  in  the 
hands  of  a  central  General  Staff,  the  Grosse  Gen- 
eralstab.  Besides  this  Great  General  Staff  all  the 
higher  subdivisions  have  their  General  Staffs. 

Military  service  in  Germany  is  compulsory 
and  universal.  The  system  is  due  to  the  reform  Mmtary 
of  the  year  1808  in  Prussia.  The  original  idea 
came  from  the  revolutionary  armies  in  France 
at  the  end  of  the  eighteenth  century,  but  Prussia 
systematized  and  perfected  the  idea,  which  later 
was  adopted  by  all  the  other  German  states. 
Military  service  in  Germany  is  an  honor.  Ex- 
cluded from  it  are  therefore  all  those  who  have 
been  convicted  of  crimes.  The  members  of  ruling 
families,  and  a  few  privileged  classes  of  the  highest 
nobility  are  exempt;  also  the  candidates  for  priest- 
hood in  the  Roman  Catholic  church,  and  Heligo- 
landers  who  were  born  before  August  n,  1890. 
With  these  exceptions  every  able-bodied  German 
is  subject  to  military  service  from  his  seventeenth 
to  his  forty-fifth  year. 

As  a  rule,  the  qualified  German  belongs  to 
the  standing  army  from  his  twentieth  to  his 
twenty-eighth  year.  During  the  first  two  years 
—  in  the  cavalry  and  field  artillery  three  years  — 
he  is  permanently  in  service.  The  rest  of  the 
seven  years  he  belongs  to  the  reserve.  During 
this  time  he  is  obliged  to  participate  in  two  periods 
of  military  exercises,  which  lie  two  years  apart, 
and  must  never  amount  to  more  than  eight  weeks. 
After  the  reserve-service  follows  the  first  Land- 

[153] 


GERMAN  GOVERNMENT  AND  POLITICS 


,  extending  over  a  period  of  five  years. 
Until  March  31  of  the  year  in  which  his  thirty- 
ninth  year  is  finished  he  belongs  to  the  second 
Landwehr,  and  from  then  to  the  forty-fifth  year 
to  the  Landsturm.  All  those  troops  which  have 
done  three  years  of  permanent  service  belong 
only  three  years  to  the  first  Landwehr-service. 
The  cavalry  of  the  first  Landwehr  is  not  called 
upon  for  any  service  in  times  of  peace;  the  other 
arms  serve  twice,  from  eight  to  fourteen  days. 
Second  landwehr  and  landsturm  men  are  never 
called  upon  for  actual  service,  except  occasionally 
for-  roll-call. 

Any  qualified  German  who  emigrates  or  at- 
tempts to  escape  military  service  by  untrue  state- 
ments or  self-mutilation  is  subject  to  punishment. 

Besides  these  soldiers  who  do  compulsory  service 
there  are  "volunteers"  who  enlist  at  the  age  of 
eighteen  for  three  years,  or  in  the  cavalry  and 
field-artillery  for  four  years.  They  are  then 
made  non-commissioned  officers.  At  the  end 
of  a  twelve-year  service  these  non-commissioned 
officers  are  eligible  for  certain  positions  in  the 
lower  and  middle  civil  service,  and  some  appoint- 
ments in  the  railroad,  postal,  police  and  church 
service  are  reserved  to  former  non-commis- 
sioned officers  who  have  passed  the  examinations. 

In  order  to  supply  the  officers  of  the  reserve, 
especially  for  times  of  war,  the  system  of  one- 
year  volunteers  exists  in  Germany.  These  men 
serve  only  one  year,  have  the  choice  of  their  regi- 

[154] 


THE  ARMY 

ment,  and  pay  for  their  own  rations,  equipment, 
and  quarters.  At  the  end  of  their  service,  they 
may  be  elected  non-commissioned  officers  and 
later  on  officers  of  the  reserve  by  the  corps  of 
officers  of  their  regiment.  The  privilege  of  doing 
only  one  year  of  permanent  service  is  enjoyed 
by  those  who  graduate  from  the  middle  division 
of  the  higher  schools,  or  who  pass  an  examination 
equivalent  to  this  graduation.  In  general  this 
graduation  or  examination  may  be  compared  with 
graduation  from  a  high-school  in  the  United 
States.  Besides  these  persons,  all  common-school 
teachers  are  entitled  to  the  privilege  of  one-year 
service. 

Officers  of  the  army  enter  as  common  soldiers 
after  graduation  from  a  higher  school,  special 
cadet  schools,  or  after  passage  of  a  special  exam- 
ination. After  one  year  of  service  they  are 
made  second  lieutenants,  i.e.,  usually  at  the  age 
of  nineteen  or  twenty,  and  then  they  are  pro- 
moted according  to  years  of  service  and  ability. 
Since  the  pay  of  an  army  officer  is  very  low  and  his 
social  obligations  on  the  other  hand  are  great, 
only  sons  of  the  wealthier  class  can  afford  to  choose 
this  career.  The  amount  of  salary  and  pension 
of  commissioned  and  non-commissioned  officers  is 
laid  down  by  law  (July  15,  1909)  as  in  the  case  of 
civil  service  officers.1 

All  the  members  of  the  army  and  navy  are 
subject  to  a  special  Military  Criminal  Law.  The 

1  See  p.  1 19. 

[155] 


GERMAN  GOVERNMENT  AND  POLITICS 

non-contentious  jurisdiction  is  also  separately  reg- 
ulated for  army  and  navy  (Law  of  May  28,  1901), 
while  with  insignificant  exceptions  the  civil  law 
is  the  same  for  military  and  non-military 
people. 

J.  E.  Barker,  in  his  widely  read  book,  "Modern 
^y         Germany,"  explains  the  military  nature  of  modern 

Germany  '  ,        ,.  r    •        1      J- 

needs  a  Germany  from  the  history  of  its  leading  state, 
strong  Prussia,  which  has  given  the  whole  Empire  its 
character.  "Prussia,"  he  says,  "like  Rome, 
was  founded  by  a  band  of  needy  and  warlike 
adventurers.  Both  states  were  artificial  crea- 
tions, both  could  maintain  themselves  only  by 
force  of  arms  and  extend  their  frontiers  only 
by  wars  of  aggression."  1 

According  to  our  opinion,  Mr.  Barker's  state- 
ment serves  the  purpose  for  which  he  has  written 
his  book,  i.e.,  to  show  to  the  world  the  detestable, 
dangerous  character  of  the  German  state.  How- 
ever, from  our  knowledge  of  continental  European 
history,  we  cannot  agree  with  him.  It  would 
be  difficult  to  find  any  sincere  historian  of  Prus- 
sian history  who  would  call  the  Hohenzollerns 
a  "band  of  needy  and  warlike  soldiers."  The 
band  of  needy  and  warlike  soldiers  were  the  de- 
generated robber-knights,  whom  the  Hohenzol- 
lerns forced  to  abandon  their  criminal  life,  thus 
restoring  order  out  of  the  chaos  in  which  the  de- 
plorable country  had  lain.  Prussia  was  no  more 
an  artificial  creation  than  other  countries.  Was 
1  See  Barker,  J.  E.,  "Modern  Germany,"  Chapter  XIII. 
[I56] 


THE  ARMY 

not  England  created  by  the  conquests  of  out- 
siders? Did  not  the  colonists  in  the  United 
States  expel  the  Indians  by  force  from  their  ter- 
ritory? As  a  matter  of  fact,  hardly  any  state 
has  come  into  existence  without  force.  Prussia 
is  not  an  exception.  Neither  does  she  differ  from 
other  states  in  the  methods  of  extending  her 
frontiers.  What  else  than  force  did  England 
mostly  use  to  build  up  her  tremendous  colonial 
Empire?  And  Prussia  did  not  always  use  the 
sword  for  the  enlarging  of  her  territory.  Like 
other  states,  she  acquired  a  part  of  it  by  family 
alliances  and  treaties  of  succession.  To  be  sure, 
she  frequently  had  to  draw  the  sword  in  order 
to  guard  her  rights  in  this  respect. 

The  third  part  of  Mr.  Barker's  statement, 
however,  is  true.  Prussia-Germany,  like  any 
other  nation,  and  more  than  they,  could  main- 
tain herself  only  by  force  of  arms.  Several 
times  Germany  has  had  sad  experiences  which 
have  taught  her  sound  lessons  in  military  prepar- 
edness. Her  military  weakness  and  geograph- 
ical situation  made  her  the  battle-ground  for  all 
Europe.  The  experiences  of  the  horrible  Thirty 
Years*  War  especially,  led  the  Great  Elector  to 
the  creation  of  a  standing  army  in  Brandenburg- 
Prussia,  the  basis  for  Germany's  future  army. 
If  Prussia  earlier  had  had  the  army  which  she 
possessed  at  the  death  of  the  Great  Elector, 
she  would  not  have  had  suffered  so  terribly  in 
the  Thirty  Years'  War.  And  on  the  other  hand, 

[157] 


GERMAN  GOVERNMENT  AND  POLITICS 

without  this  army  increased  and  superbly 
trained  by  Frederick  William  I,  his  great  son, 
Frederick  II,  would  have  suffered  defeat  and 
diminution  of  territory  by  the  united  powers  of 
continental  Europe. 

Germany  is  unfortunately  situated  in  the  middle 
of  Europe,  surrounded  by  partly  unfriendly  na- 
tions. Its  frontiers  are  4,570  miles  in  extent. 
Only  the  northern  and  southeastern  borders  are 
protected  by  nature,  i.e.,  by  the  ocean  and  high 
mountains.  The  most  dangerous  border  lines 
in  the  east  and  west  are  entirely  unprotected. 
Purely  for  defensive  purposes  Germany  needs 
a  strong  army. 

But  Germany  is  no  longer  satisfied  merely  to 
exist.  She  has  become  a  great  European  power, 
a  world  power.  The  time  has  passed  when  the 
Germans  were  nothing  but  a  people  of  thinkers 
and  poets,  when  therefore  their  territory  was  the 
air;  when 'other  nations  admired  the  Germans 
and  at  the  same  time  smilingly  took  possession 
of  the  earth.  Germany  now  demands  a  place 
in  the  sun  for  her  millions  of  industrious,  hard- 
working people;  she  demands  an  open  door  in 
foreign  countries  for  her  prosperous  industry  and 
commerce.  Her  diplomacy  cannot  restrict  itself 
for  the  future  purely  to  defense.  It  must  watch 
events  in  the  whole  world  and  be  able  to  speak  a 
strong  word  whenever  her  interests  are  endan- 
gered. But  every  word  in  diplomacy  which  can- 
not be  realized,  if  necessary,  is  a  ridiculous  joke. 

[158] 


THE  ARMY 

A  strong  army  is  the  back-bone  of  any  efficient 
diplomacy. 

Modern  Germany,  with  the  greatest  army  in 
the  world,  has  been  the  most  peaceful  country 
in  the  world.  Since  the  birth  of  the  Empire  up 
to  the  present  war,  she  had  never  experienced  a 
war.  But  less  than  any  other  state  can  Germany 
permit  herself  the  dangerous  luxury  of  playing 
with  anti-militarism  and  ideas  of  eternal  peace 
while  other  countries  are  armed.  Germany  needs 
a  strong  army  for  her  proper  defense  and  safe- 
guard and  for  her  maintenance  as  a  leading 
nation  of  the  world. 

SELECTED  BIBLIOGRAPHY 

HOWARD,  B.  E.     "The  German  Empire,"   Chap.  XII  (The 

Armed  Forces  of  the  Empire). 
VERITAS.     "The  German  Empire  of   Today,"    Chapter   IV 

(The  Army  and  Navy). 
BARKER,  J.  E.     "Modern   Germany,"    Chapter  XIII  (The 

Army  and  Navy  of  Germany). 


[159] 


CHAPTER  XIII 

THE     NAVY     OF     THE     EMPIRE 


T 


HE  navy  of  Germany  is  unlike  her  army, 
being  wholly  a  unified  Imperial  institution. 
Central      jn  peace  an(j  war  tne  Kaiser  is  the  commander- 
tion          in-chief.     He  alone  has  the  right  of  inspection 
and  of  appointment  to  office.1 

After  the  foundation  of  the  German  Empire, 
in  1871,  Lieutenant-General  von  Stoch  was  made 
commanding  admiral.  In  1883  he  was  succeeded 
by  Lieutenant-General  von  Caprivi.  In  1889 
the  highest  command  of  the  navy  was  for  the 
first  time  given  to  a  naval  officer,  Admiral  Count 
Monts.  In  1889  the  Kaiser  himself  assumed  the 
highest  command  of  the  navy.  Under  him  are: 
the  chief  of  the  general  staff  of  the  navy;  the 
chiefs  of  the  two  naval  stations,  Baltic  and  North 
Sea;  the  chiefs  of  the  different  squadrons;  and 
the  inspector  of  the  training  department. 

The  central  office  for  the  administration  of  the 
navy  is  the  Reichsmarineamt  or  Imperial  Naval 
Office.  At  the  head  is  a  Secretary  of  State, 
who  is  responsible  to  the  Chancellor,  although  in 
reality  he  enjoys  a  great  amount  of  independence. 
This  seems  to  be  due  to  the  personality  and 
1  Cf.  R.  V.,  Article  53. 

[160] 


THE  NAVY 

talent  of  the  present  Secretary,  Grand-Admiral 
von  Tirpitz,  who  was  appointed  Secretary  of 
State  for  the  Navy  in  1897,  and  has  since  then 
been  permanently  in  office,  enjoying  the  highest 
confidence  of  the  Kaiser,  the  Reichstag  and  the 
German  people. 

Under  the  direct  supervision  of  the  Naval 
Office  are  the  three  Imperial  docks  of  Danzig, 
Kiel  and  Wilhelmshafen,  the  artillery  and  torpedo 
depots,  the  provision  stations  at  Kiel  and  Wil- 
helmshafen, the  sanitation  offices,  the  observa- 
tories in  Hamburg,  Wilhelmshafen,  and  Kiel, 
the  judicial  department,  the  chaplains,  and  the 
government  of  Kiao-chau  in  Asia.1 

In  the  spring  of  1914  the  German  navy 
consisted  of  thirty-three  battleships,  thirteen 
large  or  armored  cruisers,  thirty-nine  small 
cruisers,  seventy  small  and  one  hundred  and 
forty-nine  large  torpedo  boats,  twenty-eight 
submarine  boats,  six  armored  coast  defenders, 
eleven  gunboats,  three  small  gunboats,  thirteen 
training  vessels,  and  thirteen  vessels  for  special 
purposes. 

The  main  naval  centers  of  Germany  are  Kiel, 
Wilhelmshafen,  and  Heligoland.  Those  of  Danzig, 
Swinemiinde  and  Liibeck  are  of  little  impor- 
tance. Besides  the  government  docks  mentioned 
before,  there  are  private  docks  in  Danzig,  Stet- 

1  We  find  an  analogy  to  the  administration  of  a  dependency 
by  the  Naval  Office  in  the  American  dependencies  of  Tutuila 
and  Guam,  which  are  administered  by  the  navy. 

[161] 


GERMAN  GOVERNMENT  AND  POLITICS 

tin,  Hamburg,  Kiel  and  Bremen.  These  employ 
three  times  as  many  workingmen  as  the  govern- 
ment yards. 

The  navy  is  recruited  like  the  army,  the  sea- 
faring class  being  compelled  to  serve  in  the  navy. 
There  are  three  years  of  active  service,  four  years 
in  the  first  reserve  and  five  years  in  the  second 
reserve.  Volunteers  are  accepted  as  in  the  army, 
but  men  without  previous  sea  experience  must 
enlist  for  at  least  four  years.  Aspirants  for  the 
career  of  naval  officer  usually  graduate  from  a 
higher  school  of  learning,  serve  one  year  as  cadets 
and  two  and  a  half  years  as  ensigns  before  they 
are  promoted  to  lieutenant.  Promotion  follows 
the  passage  of  rigid  examinations.  In  all  other 
regards  the  conditions  in  the  navy  are  analogous 
to  those  of  the  army. 

When  the  German  government  began  to  up- 
^y         build  her  navy  the  general  idea  met  with  corn- 
needs  an    paratively  little  opposition  in  the  Reichstag.    Such 
adequate    opposition  as  there  was  has  gradually  decreased 
with  the  growth  of  the  Empire  as  a  world  power, 
the  enlightenment  of  the  general  public  by  the 
government  and  the  Navy  Society,  and  the  clever 
parliamentary  tactics  displayed  by  the  naval  de- 
partment in  handling  the  question. 

Naturally,  Germany  found  the  bitterest  oppo- 
sition abroad  and  especially  in  Great  Britain,  who 
saw  her  absolute  rule  of  the  ocean  endangered  by 
the  rapid  development  of  the  German  navy.  She 
was  afraid  that  Germany  would  in  a  short  time 
[162] 


THE  NAVY 

be  a  most  dangerous  rival.  And  she'  was  right, 
for  Germany  takes  now  the  second  place  as  a 
naval  power.  That  there  are  a  few  over-ambiti- 
ous Germans  who  would  like  to  see  their  father- 
land have  the  strongest  navy,  as  she  posseses  the 
strongest  army,  cannot  be  denied.  But  the  ma- 
jority of  the  German  people,  the  intellectual  and 
political  leaders,  have  always  denied  that  they 
are  striving  for  the  hegemony  of  the  ocean.  The 
responsible  representatives  of  the  German  gov- 
ernment have  again  and  again  declared  in  the 
Reichstag  that  Germany  does  not  care  to  outdo 
England  in  her  armaments  on  the  sea,  that  she  is 
only  building  up  an  adequate  navy  for  the  main- 
tenance of  the  German  nation  as  a  factor  in  the 
politics  of  the  world. 

The  passage  in  the  preamble  of  the  first  great 
navy  bill  (1900)  which  alarmed  British  opinion, 
"Germany's  naval  strength  should  be  such,  that 
even  the  greatest  sea  power  must  hesitate  to 
attack  Germany  unless  she  is  willing  to  risk  her 
whole  position  as  a  Great  Power,"  is,  if  correctly 
analyzed,  the  statement  of  a  defensive  policy. 
But  from  this  purely  defensive  instrument  the 
German  navy  developed  naturally  to  an  organ 
with  much  broader  aims. 

On  July  3,  1900,  the  German  Kaiser  gave  the 
keynote  for  Germany's  necessity  of  building  a 
strong  navy  when  he  said:  "The  wave-beat 
knocks  powerfully  at  our  national  gates,  and 
calls  us  as  a  great  nation  to  maintain  our  place 

[163] 


GERMAN  GOVERNMENT  AND  POLITICS 

in  the  world  —  in  other  words,  to  follow  world- 
policy.  The  ocean  is  indispensable  for  Germany's 
greatness,  but  the  ocean  also  reminds  us  that 
neither  on  it  nor  across  it  in  the  distance  can 
any  great  decision  be  again  consummated  with- 
out Germany  and  the  German  Kaiser."  "  World 
power  and  sea  power  are  complementary;  the  one 
cannot  exist  without  the  other." 

Another  important  reason  for  the  construction 
of  the  navy  is  the  tremendous  growth  of  industry 
and  commerce  of  the  German  Empire  since  its 
foundation.  A  few  figures  will  make  this  prog- 
ress clear.  In  1870  the  capital  of  iron  shipbuild- 
ing yards  was  4,800,0x20  marks;  in  the  year  1910 
it  had  reached  105,890,000  marks.  Since  the 
foundation  of  the  Empire  the  merchant  marine 
has  increased  about  thirty  fold.  While  in  the 
seventies  the  German  merchant  ships  were  second 
rate  vessels,  they  are  today  the  largest  and  best 
of  steamers  afloat.  The  shipping  of  the  Empire 
has  increased  from  seven  billions  of  marks  in  1900 
to  thirteen  in  1912,  while  its  land  commerce  has 
increased  from  about  three  and  three  quarters 
to  six  and  a  half  billions  of  marks.  Imports 
amounted  in  1900  to  6,043.0  million  marks,  in 
1912  to  10,691.4  million  marks.  Exports  were 
represented  in  1900  by  4,752.6  million  marks,  in 
1912  by  8,956.8  million  marks. 

German  industry  and  commerce  represent  an 
enormous  investment.  Every  sensible  merchant 
insures  his  business  in  proportion  to  its  value. 

[164] 


THE  NAVY 

The  expenses  for  the  Imperial  navy  are  like  the 
premium  of  an  insurance  policy.  The  govern- 
ment and  the  people  of  Germany  act  like  cautious 
merchants  spending  a  large  amount  of  money  for 
their  insurance,  i.e.,  the  battle  fleet. 

Still  other  reasons  compel  Germany  to  keep 
up  a  strong  navy.  No  country  aside  from  Great 
Britain  has  so  many  of  her  subjects  living  in  all 
parts  of  the  world.  Whenever  in  former  times 
they  were  in  distress  and  danger,  they  were  with- 
out the  help  and  assistance  of  their  government. 
Without  a  fleet  the  Empire  was  nearly  powerless, 
and  robber  governments,  of  the  type  of  Haiti, 
could  commit  theft  and  crimes  against  German 
citizens  without  being  punished.  A  great  state 
like  Germany  owes  it  to  its  authority,  prestige 
and  interests  that  its  citizens  be  protected  in 
any  part  of  the  world  where  they  carry  on  their 
business  in  a  legitimate  way. 

Finally,  Germany  needs  an  adequate  navy 
because  of  her  colonial  possessions.  Colonies 
without  a  navy  are  an  impossibility,  as  history 
has  often  proved.  The  Germans  learned  this 
from  their  own  earliest  colonial  experiences  in 
Venezuela  and  Africa.  Without  a  fleet  they 
would  lose  their  colonies  immediately  in  case 
of  war  with  any  naval  power.  As  small  as  the 
German  fleet  was  until  a  few  years  ago, 
it  helped  considerably  in  gaining  and  holding 
the  German  colonies  acquired  in  the  eighties. 
Speed  is  one  of  the  fundamental  requirements  in 

[165] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  suppression  of  a  revolt  of  natives.  Natu- 
rally the  navy  renders  the  quickest  service  in 
such  cases. 

SELECTED  BIBLIOGRAPHY 

KURD,  A.  and  CASTLE,  A.     "  The  German  Sea  Power:     Its 

Rise,  Progress  and  Economic  Basis." 
BARKER,  J.  E.     "Modern  Germany,"  Chapters  XIII-XV. 
VERITAS,  "The  German  Empire  of  Today,"  Chapter  IV  (The 

Army  and  Navy). 
HOWARD,    B.    E.     "The    German    Empire,"     Chapter   XII 

(The  Armed  Forces  of  the  Empire). 


[166] 


CHAPTER  XIV 

RAILROADS,     CANALS,     POSTS     AND 
TELEGRAPHS 

ONE  of  the  main  reasons  for  the  economic 
prosperity  of   the  German  Empire  is  its 
excellent  traffic  policy,  which  is  another  example 
of  the  thoroughness,  efficiency  and  far-sighted- 
ness of  the  German  government. 

When  the  North  German  Federation  was 
founded,  the  several  states  had  governmental  Rallr°«d<» 
authority  over  all  the  railroads  in  their  territory. 
The  Constitution  of  the  Federation  and  of  its 
successor,  the  Empire,  did  not  deprive  them  of 
these  rights.1 

The  Constitution  of  the  Empire,  Article  4,  Sec- 
tion 8,  recognized  the  competence  of  the  Union 
to  legislate  and  exercise  general  supervision  with 
regard  to  railroads,  but  as  yet  no  general  Im- 
perial law  has  been  passed  under  this  section. 
However,  for  military  reasons  and  to  improve 
general  traffic  conditions  greater  harmony  has 
been  brought  about  between  the  administration 
of  railroads  in  the  several  states.  Until  an  Im- 

1  For  this  reason  the  very  interesting  investigation  of  the 
result  of  government  ownership  of  railroads  in  the  German 
states  will  be  discussed  in  a  subsequent  volume  in  this  series 
on  the  government  of  the  several  German  states. 

[I67] 


GERMAN  GOVERNMENT  AND  POLITICS 

perial  law  is  passed,  the  provisions  of  Articles 
41-47  of  the  Constitution  create  a  temporary 
organization  of  the  railroads  of  the  Empire. 
These  provisions  require  the  individual  states  to 
exercise  their  rights  in  a  uniform  way.  The 
Empire  has  for  military  purposes  the  right  to 
build  railroads  in  any  state  and  to  connect  Im- 
perial railroads  with  those  of  the  states.  The 
control  of  the  railroad  rates  is  exercised  by  the 
Bundesrat.1  It  has  also  the  right  to  issue  ordi- 
nances regulating  the  detailed  administration  of 
railroads.  For  the  enforcement  of  the  rules  laid 
down  in  the  Constitution,  and  of  the  admin- 
istrative ordinances  of  the  Bundesrat,  the  Reichsei- 
senbahnamt  (Imperial  Railroad  Office)  was  created 
in  1873.* 

Some  railroads  in  Alsace-Lorraine  and  in 
Luxemberg  are  owned  by  the  Empire.  These 
have  their  central  organization  in  the  Reichsamt 
fur  die  Verwaltung  der  Reichseisenbahnen  (Im- 
perial Office  for  the  Administration  of  Imperial 
Railroads).  The  head  of  this  office  is  the  Prus- 
sian Minister  of  Public  Works.  Under  him,  in 
Alsace-Lorraine,  is  a  general  office  of  the  Imperial 
railroads,  with  its  seat  in  Strassburg. 

1  The  Bundesrat  has  regulated  railroad  rates  by  an 
ordinance,  the  Verkehrs-Ordnung  fur  die  Eisenbahnen  Deutsch- 
lands,  November  15,  1892. 

1  The  functions  of  this  office  and  that  of  the  Bundesrat  in 
this  connection  may  be  well  compared  with  those  of  railroad 
commissions  in  the  United  States  of  America. 

[168] 


RAILROADS,  POSTS  AND  TELEGRAPHS 

An  idea  of  the  recent  development  of  German 
railroads  is  given  by  the  following  statistics:1 


Railways  of  Standard  Gauge  in 
Germany 

1885 

1911 

in 

per  cent 

Length  of  railways  in  km  

•?7,IQO 

co.76'1 

607 

Capital  invested  (million  mks.)  .... 

9,722 

17,833 

834 

Gross  receipts  (million  mks.)  

007 

-5,271 

218  o 

Goods  carried  (in  million  ton  km.)  . 

16,600 

61,870 

272.7 

Persons  carried  I  km.  (in  millions) 

7.932 

37,855 

377.1 

Comparative  Railway  Development 
(A)   Length  of  Railways  in  Operation  in  km. 


1890 

1911 

Per  cent  of 
increase 

I.  Germany  

4.2,860 

6i,Q'?6 

4.2.6 

2.  England  

•32.2Q7 

•?  7,64.0 

16.4. 

3.  United  States.  .  .  . 

268,409 

396,860 

44.6 

(B)   Length  of  Railways  per  100  sq.  km.  of  area 


1890 

1911 

I.  Germany  

7-0 

II.4 

2.  England    

10.3 

I2.O 

3.  United  States  

3-o 

4-3 

1  Taken      from     K.    Helfferich,     "Germany's    Economic 
Progress  and  National  Wealth,  1888-1913,"  pp.  70-71. 

[169] 


GERMAN  GOVERNMENT  AND  POLITICS 

Of  the  total  length  of  German  railways  in  1913, 
only  2,926  km.  were  privately  owned. 

The  importance  of  natural  and  artificial  water- 
Inlan(1  ways  as  a  means  of  cheap  transportation,  espe- 
ways  cially  for  bulky  goods,  such  as  coal,  wood,  grain, 
and  etc.,  had  been  early  recognized  by  the  govern- 
ments of  some  German  states,  especially  Branden- 
burg-Prussia, but  the  development  which  has 
given  Germany  a  prominent  place  in  this  regard, 
occurred  in  the  modern  German  Empire.  Almost 
all  the  large  rivers  of  Germany  run  from  south 
to  north,  and  a  connection  of  them  east  and  west 
by  waterway  had  to  be  effected  by  means  of  ca- 
nals. Frederick  William,  the  Great  Elector,  built 
the  first  canal,  named  after  him,  which  connected 
the  Oder  with  the  Spree,  and  by  doing  this  had 
splendid  success  in  diverting  considerable  trade 
from  Stettin,  at  that  time  a  Swedish  possession. 
Frederick  the  Great  had  the  Havel-Elbe  (Plau- 
ensche)  Canal,  the  Havel-Oder  (Finow)  Canal,  and 
the  Elbe-Oder-Weichsel  (Bromberg)  Canal  built, 
altogether  180  km.  of  waterway.  After  the  con- 
struction of  railroads  began,  the  waterways  were 
for  a  long  time  neglected  as  useless  and  antiquated. 
It  was  not  until  after  the  foundation  of  the 
North  German  Federation  that  interest  in  river 
regulation  and  canals  was  reawakened.  Between 
1890  and  1900  four  important  canals  were  built, 
and  in  spite  of  the  opposition  of  the  influential 
Agrarian  Party  the  system  of  canals  was  steadily 
developed.  At  the  present  time  the  Rhine  is  al- 
[170] 


RAILROADS,   POSTS  AND  TELEGRAPHS 

most  completely  joined  with  the  Oder,  thus  con- 
necting the  eastern  regions  of  Prussia  with  the 
North  Sea  and  world-commerce.  The  greatest 
project,  which  is  now  almost  carried  out,  is  the 
Midland  Canal,  a  connection  of  the  Rhine,  Weser 
and  Elbe.  It  runs  from  Ruhrort  to  Dortmund, 
where  it  is  taken  up  by  the  Dortmund-Ems  Canal, 
reaches  the  Weser  at  Minden,  crosses  the  river 
Leine  at  Hanover  and  empties  into  the  Elbe  near 
Magdeburg.  This  great  canal  is  of  the  utmost 
importance  for  the  distribution  of  coal  from  Ger- 
many's largest  coal  field  to  the  industrial  centers 
and  the  North  Sea.  The  diverting  of  commerce 
from  Holland  and  directing  it  to  German  sea-ports, 
which  had  been  hoped  for  with  the  construction  of 
the  Dortmund-Ems  Canal,  has  not  been  accom- 
plished, since  it  cannot  be  used  by  the  larger 
Rhine  vessels. 

Some  other  canals  of  importance  are  the 
Elbe-Trave  Canal,  which  connects  Liibeck  with 
the  Elbe;  the  Oberlandische  Canal,  a  waterway 
connecting  the  large  East  Prussian  lakes  with 
the  Baltic  Sea;  the  Klodnitz  Canal,  connecting 
the  Silesian  industrial  center  with  the  Oder  and 
indirectly  with  Berlin;  and  the  Saar  Canal, 
connecting  the  coal  mines  of  the  Saar  with  the 
Moselle. 

The  most  important  of  all  German  canals  how- 
ever is  the  Kaiser  Wilhelm  or  North-East-Sea 
Canal.  It  begins  at  Brunsbiittel,  north  of  the 


GERMAN  GOVERNMENT  AND  POLITICS 

mouth  of  the  Elbe,  flows  through  Holstein  and 
ends  in  the  bay  of  Kiel,  thus  connecting  the  Baltic 
and  North  Seas  and  avoiding  the  long  and  danger- 
ous trip  around  the  peninsula  of  Jutland.  Its 
length  is  61  miles;  it  can  be  used  by  the  greatest 
ships  and  is  wide  enough  for  two  large  ships  to 
pass.  This  canal  is  of  the  utmost  importance  for 
military  purposes.  It  goes  without  saying  that 
the  ends  of  the  canal  are  strongly  fortified. 
Within  sixteen  hours  the  German  men-of-war  can 
be  transferred  from  Kiel  to  the  bay  of  Heligo- 
land. If  the  German  navy  chooses,  it  can  in  case 
of  war  select  a  perfectly  safe  location  in  the 
Baltic  Sea.  The  Kiel  Canal  actually  saves  Ger- 
many a  fleet  of  battleships. 

The  oldest  projects  of  digging  a  canal  through 
Holstein  go  back  to  the  fourteenth  century. 
The  construction  of  the  present  canal  was  decided 
upon  by  the  Bundesrat  and  Reichstag  in  1886. 
In  1895  the  canal  was  opened  by  Kaiser  William 
II  and  named  after  his  grandfather.  In  the  year 
1914  an  enlargement  and  improvement  of  the 
canal  was  completed,  making  it  passable  by  the 
modern  type  of  dreadnought. 

In  relation  to  waterways,  we  should  recall  the 
great  amount  of  work  and  money  spent  by  the 
German  government  to  regulate  rivers  in  order 
to  make  them  useful  for  navigation.  Mr.  Barker, 
is  right  when  he  says:  "If  it  were  not  for  the  ex- 
istence of  the  German  waterways,  the  German 


RAILROADS,  POSTS  AND  TELEGRAPHS 

industries  would  certainly  not  be  in  the  flourish- 
ing condition  in  which  they  are."  1 

The  first  systematic  organization  of  the  postal 
service  in  Germany  was  that  of  the  counts  of  The 
Turn  and  Taxis,  who  received  the  exclusive  and   po^  ' 
heriditary   privilege   of   postal  delivery   for    the   *ele8*api» 
Holy  Roman   Empire  in   the  year   1615.     Very   telephone 
gradually,   in    the    course    of   centuries,  private   servlce 
postal  service  came  under  state  control. 

The  Constitution  of  the  German  Empire  estab- 
lished complete  Imperial  ownership  of  posts, 
telegraphs  and  telephones  (Articles  4,  10  and 
Article  48),  except  for  Bavaria  and  Wiirtem- 
berg.  The  supreme  head  of  the  postal  service 
is  the  Kaiser.  He  issues  ordinances  and  in- 
structions regulating  the  administration  of  posts, 
telegraphs  and  telephones  without  interference 
of  the  Bundesrat)  makes  treaties  with  other 
states  concerning  postal  affairs,2  and  appoints 
all  higher  and  supervising  officers.  Subordinate 
officers  may  be  appointed  by  the  rulers  of  the 
states  in  which  their  service  is  rendered.  As  a 
matter  of  fact  very  few  states  exercise  these  rights, 
most  of  them  having  ceded  their  privileges  to 
the  Kaiser.  All  officers  of  the  postal  service  are 

1  Barker,  J.  E.,   "Modern  Germany,"  p.  420.    Americans 
would  do  well  to  investigate  the  canal  question  of  Germany 
more  thoroughly,  as  great  tasks  are  waiting  for  them  in  this 
field. 

2  E.g.,  the  treaties  in  regard  to  the  "International  Postal 
Union,"  which  was  founded   at  the  suggestion  of  the  first 
German  Postmaster-General,  Stephan. 

[173] 


GERMAN  GOVERNMENT  AND  POLITICS 

subject  to  the  Imperial  civil  service  law.  The 
income  and  expenditure  on  account  of  the  postal 
service  belong  to  the  Empire,  except  in  Bavaria 
and  Wiirtemberg.  These  states  have  also  the 
privilege,  within  certain  limitations,  of  making 
special  postal  treaties  with  all  their  neighbor- 
states. 

The  post,  telegraph  and  telephone  services  of 
the  German  Empire  rest  upon  the  following  gen- 
eral principles.  They  are  conducted  primarily 
for  the  common  public  welfare,  only  secondarily 
for  profit.  Offices  must  therefore  be  established 
in  any  case  of  need,  regardless  of  the  finan- 
cial return.  Everybody  is  equally  entitled  to 
their  use.  The  same  rules,  the  same  tariff  exist 
for  all.  The  officers,  subject  to  severe  penalties, 
are  obliged  to  maintain  the  so-called  "  secrecy  of 
letters  and  telegrams."  Corresponding  to  these 
duties  the  postal  department  is  entitled  to  certain 
privileges.  The  state  has  an  absolute  monopoly 
in  the  mail  service  of  sealed  letters  and  political 
papers,  published  more  than  once  a  week.  Open 
letters  and  packages  may  be  forwarded  by  private 
persons  or  corporations.  The  state  has  also, 
with  a  few  important  exceptions,  a  monopoly 
of  telegraphs  and  telephones. 

A  special  Imperial  law  of  1875  regulates  the 
services  which  the  railroads  perform  for  the  post, 
as  time  tables,  offices  in  railway  stations,  free 
transportation  of  all  mail  and  the  officers  acom- 
panying  it,  etc.  In  case  of  disputes  between  the 

[174] 


RAILROADS,   POSTS  AND  TELEGRAPHS 

postal  service  and  the  railroads  the  Bundesrat  has 
the  first  and  final  decision. 

The  business  of  the  post  includes  the  trans- 
portation of  letters,  cards,  printed  matter,  mer- 
chandise and  small  packages,  the  issue  of  money 
orders,  checks  and  discounts,  and,  in  some  remote 
parts,  the  transportation  of  persons.  The  fees 
for  the  service  of  postal,  telegraph  and  telephone 
institutions  are  fixed  by  Imperial  law,  regulations 
of  the  Chancellor  with  the  consent  of  the  Bundes- 
rat, or  by  international  treaties. 

The  central  organization  of  the  post,  telegraph 
and  telephone  service  in  Germany  is  the  Imperial 
Post  Office,  the  Reichspostamt,  at  the  head  of  which 
is  a  Secretary  of  State.  Under  this  central  office 
there  are  forty-one  supervising  local  offices,  the 
Oberpostdirektionen,  and  a  large  number  of  dif- 
ferent types  of  lower  post  offices. 

SELECTED  BIBLIOGRAPHY 

BARKER,  J.  E.  "Modern  Germany,"  Chapter  XVII  (Water- 
ways and  Canals);  Chapter  XVIII  (The  Railroads  and 
Railway  Policy  of  Germany). 

VERITAS,  "The  German  Empire  of  Today,"  Chapter  VI 
(Traffic  Policy). 

DAWSON,  W.  H.  "The  Evolution  of  Modern  Germany," 
Chapter  XI  (Railways  and  Canals). 


[175] 


A 


CHAPTER  XV 

THE     GOVERNMENT     OF 
ALSACE-LORRAINE 

GAIN  and  again  we  hear  and   read   that 
Germany  deprived  France  of  truly  French 
History,     territory  and  population  when  she  took  Alsace 

territory  r  T  •  r  U 

and          and  a  part  ot  Lorraine  away  rrom  her  in  1871. 
popuia-      This   statement  demands   careful   examination. 

tion 

Since  the  division  of  Charlemagne's  great  Empire, 
i.e.,  since  843,  these  provinces  belonged  to  the 
Holy  Roman  Empire.  They  were  inhabited  by 
German  people  and  their  civilization  was  Ger- 
manic. As  a  consequence  of  the  Thirty  Years' 
War  the  dismembered  and  completely  powerless 
German  Empire  was  forced  to  deliver  the  larger 
part  of  these  provinces  to  France.  Strassburg 
and  its  environment  was  seized  by  Louis  XIV 
in  1 68 1  in  the  midst  of  peace.  Thus  Alsace  and 
Lorraine  were  lost  through  the  internal  weakness 
and  military  unpreparedness  of  the  Holy  Roman 
Empire.  For  more  than  a  hundred  years  the 
annexed  provinces,  especially  Alsace,  remained 
completely  German  in  civilization,  language  and 
general  character.  When  the  great  wave  of 
revolutionary  enthusiasm,  social,  economic  and 
political,  swept  all  over  France  and  western  Ger- 
many, the  inhabitants  of  Alsace-Lorraine  began 
[176] 


GOVERNMENT  OF  ALSACE-LORRAINE 

to  become  attached  to  the  political  spirit  of 
France,  as  indeed  did  all  southern  Germany. 
More  and  more  they  were  alienated  from  their 
original  mother-country,  but  only  politically. 
Essentially,  in  their  character  and  soul,  they  re- 
mained Germanic.  Germany  had  never  forgotten 
her  claims  to  these  provinces,  but  not  until  1871 
could  they  be  realized.  Then  Lorraine  had  be- 
come so  impressed  by  French  influence  that 
Bismarck,  who  was  above  all  a  nationalist  in  his 
policy,  hesitated  to  retake  Lorraine  from  France. 
However,  he  was  finally  persuaded  by  Moltke, 
who  insisted  on  taking  the  strong  fortress  of  Metz, 
which,  as  he  said,  would  save  the  new  Empire 
100,000  soldiers.  The  territory  ceded  by  France 
as  fixed  by  the  preliminary  peace-treaty  of  Ver- 
sailles consisted  of  145,112,614  square  kilometers. 
By  special  agreement,  all  French  subjects  living 
in  the  reconquered  provinces  had  until  October 
i,  1872,  the  choice  of  emigration  and  renouncing 
their  German  citizenship.  Some  of  the  inhabi- 
tants took  advantage  of  this  option,  but  most 
remained,  although  their  sympathies  were  in  the 
majority  at  that  time  with  France.  From  1875 
to  1895  the  increase  of  the  population  in  Alsace- 
Lorraine  was  18.4  per  cent,  that  of  France  only 
6.4  per  cent.  There  was  no  conspicuous  emigra- 
tion to  foreign  countries  after  the  seventies.  The 
progress  of  the  two  provinces,  materially  as  well 
as  intellectually,  went  hand  in  hand  with  that  of 
the  Empire.  Slowly  but  steadily  the  German 

[  177] 


GERMAN  GOVERNMENT  AND  POLITICS 

population  belonging  to   the  Alemannian   tribe, 
was  again  feeling  itself  to  be  German.1 

The  strongest  opposition  is  directed  against 
Prussian  bureaucracy,  discipline  and  so-called 
militarism.  But  we  must  remember  that  this 
opposition  is  also  found  to  a  great  extent  in  south- 
ern Germany.  The  Zabern  affair,  greatly  exag- 
gerated by  the  French  and  foreign  press,  was  an 
isolated  incident.  When  we  consider  that  it  took 
France  a  hundred  years  to  see  the  first  success 
of  her  Gallicizing  policy  and  two  hundred  years  to 
secure  the  sympathy  of  the  large  majority  of  the 
population,  the  German  government  may  be  well 
satisfied  with  the  success  of  its  work  of  forty 
years. 

During  the   Franco-German  war,  Alsace-Lor- 
Deveiop-    rame   was   ruled    by    a    military   governor.     On 

mentto         T  .  •       i    i  T  -11 

1911  June  9,  1871,  it  was  united  by  an  Imperial  law 
with  the  Empire  as  one  of  her  provinces.  From 
that  time  until  June  25,  1873,  it  was  governed 
by  the  Chancellor  and  a  committee  of  the  Bundes- 
rat  and  an  Oberprdsident,  entirely  as  an  adminis- 
trative domain  of  the  Empire. 

The  first  step  toward  self-government  in 
Alsace-Lorraine  was  taken  May  2,  1877,  when 
a  special  legislative  body,  the  Landesausschuss, 
was  created. 

The  next  step  toward  a  more  extensive  self- 
government  and  autonomy  was  made  July  4, 

1  In  1910  the  population  speaking  German  numbered 
1,634,260;  French  204,262. 

[178] 


GOVERNMENT  OF  ALSACE-LORRAINE 

1879.*  According  to  this  new  arrangement  Al- 
sace-Lorraine continued  to  be  an  Imperial  prov- 
ince, or  Reichsland.  A  Statlhalter  (Governor)  was 
appointed  by  the  Kaiser  as  the  head  of  the  gov- 
ernment, and  was  entirely  independent  of  the 
Chancellor.  The  Statthalter  was  thus  the  personal 
representative  of  the  Kaiser,  and  directly  respon- 
sible to  him.  He  was  assisted  by  a  Ministry, 
Landesministerium,  with  a  Secretary  of  State, 
the  Staatssekretdr,  at  its  head,  all  appointed  by 
the  Statthalter.  In  addition,  a  Council  of  State 
(Staatsrat),  served  as  an  advisory  body.  It  con- 
sisted of  the  Statthalter  as  presiding  officer,  the 
Secretary  of  State,  the  Under-Secretaries,  the 
President  of  the  Oberlandesgericht,  the  Attorney 
General,  and  eight  to  twelve  members  appointed 
by  the  Kaiser  for  three  years,  of  whom  three 
were  nominated  by  the  Landesausschuss.  The 
Landesausschuss  or  legislative  body  consisted  of 
fifty-eight  members,  elected  by  indirect  vote, 
thirty-four  from  the  Assemblies  of  the  Districts,2 
twenty  from  the  Assemblies  of  the  Country 
Circles,2  four  from  the  cities  of  Strassburg,  Miihl- 
hausen,  Metz  and  Colmar.  Laws  for  Alsace- 
Lorraine  were  passed  either  in  the  same  manner 
as  laws  for  the  whole  Empire  or  by  the  Bundesrat 
and  Landesausschuss  with  the  sanction  of  the 
Kaiser  and  countersigned  by  the  Statthalter,  not 

1  The    "Reichs-Gesetz    betreffend    die    Verfassung    und 
Verwaltung  Elsass-Lothringens." 

2  Subdivisions  for  purposes  of  local  government. 

[179] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  Chancellor.  They  were  required  to  be  pub- 
lished in  a  special  official  paper  for  Alsace-Lor- 
raine, the  "Gesetzblatt  fur  Elsass-Lothringen." 

The  desire  of  the  people  of  Alsace-Lorraine  is 
to  become  a  state  like  the  other  twenty-five 
status  states  of  the  Union.  They  desire  the  same  rights 
as  the  other  German  citizens.  The  government 
has  feared  undue  French  influence  and  hesi- 
tated to  grant  further  self-government.  Re- 
cently, however,  it  was  led  to  think  that  the 
moment  for  further  development  toward  state- 
hood had  come,  although  it  still  objected  to 
absolute  autonomy.  The  proposals  of  the  gov- 
ernment, introduced  December  17,  1911,  were 
referred  by  the  Reichstag  to  a  special  committee. 
The  propositions  of  this  committee  the  govern- 
ment declined  to  assume,  since  they  gave  Al- 
sace-Lorraine too  much  power.  On  May  19  a 
compromise  was  presented  to  the  Reichstag,  and 
passed  a  week  later. 

According  to  this  plan  Alsace-Lorraine  is  still, 
in  spite  of  the  declaration  of  the  statute,  a  province 
of  the  Empire.  The  Governorship  remains  as  it 
was.  The  Governor  instructs  the  three  members 
of  the  Bundesrat  who  were  given  to  Alsace- 
Lorraine,  and  since  he  depends  on  the  Kaiser, 
the  latter  really  controls  them.  Their  votes  are 
not  counted  in  favor  of  Prussia  unless  Prussia 
could  obtain  a  majority  without  such  votes, 
and  are  not  to  be  counted  upon  proposals  of 
amendments  to  the  Constitution. 

[180] 


GOVERNMENT  OF  ALSACE-LORRAINE 

Laws  for  Alsace-Lorraine  are  to  be  made  by 
a  Landtag,  consisting  of  two  houses.  The  upper 
house  is  composed  of  thirty-six  members,  one 
half  nominated  by  the  Bundesrat  and  appointed 
by  the  Kaiser;  others  are  members  by  virtue  of 
holding  certain  offices;  eleven  are  elected  by  the 
municipal,  commercial  and  industrial  bodies. 
The  term  of  office  is  five  years.  The  lower  house 
has  sixty  members  elected  for  five  years  by  secret 
ballot,  based  on  universal  suffrage.  The  rules 
and  regulations  for  the  lower  chamber  as  well  as 
the  position  of  its  members  are  modeled  after 
those  of  the  Reichstag.  Laws  for  Alsace-Lorraine 
are  made  by  these  two  chambers  and  sanctioned 
by  the  Kaiser,  who  has  an  absolute  veto. 

For  the  purpose  of  local  government,  Alsace- 
Lorraine  is  divided  into  three  Districts:  Unter- 
elsass,  Oberelsass  and  Lothringen.  These  are 
subdivided  into  circles  and  communes.  The 
canton,  a  subdivision  of  the  circle,  is  of  little 
meaning.  It  serves  especially  as  a  notariate 
district. 

The  recent  change  of  the  government  in  Alsace- 
Lorraine  is  certainly  a  great  step  toward  abso- 
lute statehood.  Doubtless,  as  has  been  officially 
expressed,  it  is  not  the  end  of  such  a  development. 
It  is  the  desire  of  the  German  people  as  a  whole, 
and  of  the  government,  to  give  Alsace-Lorraine 
full  statehood;  the  only  difference  consists  in  the 
speed  with  which  it  should  be  done.  In  opposi- 
tion to  the  Center  and  Left  the  Conservative 

[181] 


GERMAN  GOVERNMENT  AND  POLITICS 

groups  and  National-Liberals,  as  well  as  the 
government,  are  in  favor  of  a  slow  organic  devel- 
opment, especially  as  long  as  there  still  exists  an 
influential  French  party,  not  yet  reconciled  to 
the  conditions  created  by  the  peace  of  1871. 
The  greatest  difficulty  is  with  regard  to  the  form 
of  government  Alsace-Loraine  should  have.  Gen- 
eral harmony  requires,  especially  as  a  border 
state  against  the  Republic  of  France,  that  it  should 
be  made  a  monarchy,  with  a  strong  patriotic 
monarchical  house.  But  who  should  be  the 
monarch?  The  moment  must  be  waited  for 
patiently  when  an  opportunity  shall  offer  to 
solve  the  problem. 

SELECTED  BIBLIOGRAPHY 

HOWARD,  B.  E.     "The  German  Empire,"  Chapter  X  (Alsace- 
Lorraine  and  its  Relation  to  the  Empire). 
JORDAN,  D.  S.     "Alsace-Lorraine:  A  Study  in  Conquest." 


[182] 


CHAPTER  XVI 

THE  JUDICIAL  SYSTEM  OF  THE 
GERMAN   EMPIRE 

UP   to   January    I,    1900,    there   existed    in  The  civil 
Germany    an    antiquated    and    confused   c 
situation  in  regard  to  the  civil  law. 

In  Prussia  three  different  civil  codes  were  in 
force:  the  Allgemeine  Landrecht  of  1794  in  the 
old  Prussian  territories  of  1815,  the  Gemeine 
Deutsche  Recht,  a  mixture  of  Roman,  Germanic 
and  canon  law;  elsewhere  and  in  the  territory 
west  of  the  Rhine  the  French  Civil  Code  (Code 
Napoleon).  Baden  had  her  Landrecht,  derived 
mainly  from  the  French  Civil  Code;  the  Kingdom 
of  Saxony  its  own  code  of  1863;  Schleswig-Hol- 
stein  the  Danish  law  of  Christian  V  of  1863. 
A  small  portion  of  Bavaria  was  under  the  Aus- 
trian Code  of  1811;  while  the  largest  single  terri- 
tory, i.e.,  central  Germany,  was  under  the 
Roman  law  as  received  in  the  middle  ages.  All 
these  laws  were  modified  by  local  custom,  so 
that  different  law  was  administered  in  the  same 
political  jurisdiction  and  even  in  the  same 
city. 

Long  before  the  foundation  of  the  new  German 
Empire  this  confusion  had  awakened  desires  for 
unity  and  reform,  but  before  the  political  union 

[183] 


GERMAN  GOVERNMENT  AND  POLITICS 

of  Germany  no  attempt  had  succeeded.  The 
history  of  the  German  Civil  Code  is  the  history 
of  German  political  unity. 

The  movement  for  legal  unity  began  imme- 
diately after  the  Napoleonic  wars.  In  the  year 
1814  a  German  professor  of  jurisprudence,  Thi- 
baut,  wrote:  "I  am  of  the  opinion,  that  our 
law  .  .  .  needs  a  complete  and  quick  change, 
and  that  the  Germans  cannot  be  content  in  their 
civil  relations  unless  all  German  governments 
try  to  bring  into  effect  with  united  strength  the 
publication  of  a  code  for  all  Germany." 

Thibaut,  the  patriotic  politician,  was  opposed 
by  the  famous  founder  of  the  historical  school  of 
law,  Savigny,  who  denied  the  necessity  as  well 
as  the  possibility  of  creating  a  common  code  for 
Germany  at  that  time.  He  expected  a  unity 
of  law  to  result  from  the  very  gradual  organic 
development  of  the  science  of  jurisprudence. 
The  universities  were,  in  his  opinion,  the  force 
that  would  eventually  produce  a  common  Ger- 
man law. 

The  German  Confederation  did  not  pay  any 
attention  to  Thibaut's  suggestions  and  was 
hardly  in  an  appropriate  state  to  take  up  the 
unification  of  the  German  law  since  it  had  no 
general  legislative  power,1  but  how  deeply  the 

1  The  project  for  an  Imperial  Constitution  of  1849  pro- 
vided in  Article  XIII,  Section  59,  for  a  common  code  in  civil 
and  criminal  law  and  procedure,  in  bills  of  exchange  and 
commercial  law. 

[l84] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

necessity  for  a  common  law  of  Germany  was  felt, 
can  be  seen  by  the  repeated  attempts  to  create 
common  codes  even  under  these  imperfect  con- 
ditions. In  fact  two  attempts  .led  to  practical 
results.  In  1847  a  Code  on  Bills  of  Exchange, 
and  in  1859  a  Commercial  Code,  went  into  effect 
for  the  whole  Confederation.  The  draft  of  a 
Code  of  Contracts,  prepared  without  the  par- 
ticipation of  Prussia,  was  never  enacted,  since 
the  Austro- Prussian  war  of  1866  broke  out  on 
the  very  day  it  was  finished.  The  idea  of  a 
common  German  law  had  now  gained  a  number 
of  warm  friends,  and  under  the  North  German 
Federation  codification  was  extended  to  criminal 
law  and  legal  procedure. 

In  the  year  1873  a  bill,  introduced  by  deputy 
Lasker  in  the  Reichstag,  was  passed  to  amend  the 
Constitution  so  as  to  include  within  the  com- 
petence of  the  Empire  the  whole  civil  law.  The 
Bundesrat  then  appointed  a  preliminary  code 
commission  of  five  prominent  practical  jurists 
and  later  a  general  commission  of  eleven  mem- 
bers who  were  leading  professors  of  jurisprudence 
and  judges,  specialists  in  the  different  law  sys- 
tems of  that  time.  The  drafting  of  the  different 
parts  of  the  Civil  Code  was  given  to  five  mem- 
bers as  redactors.  After  seven  years  of  indi- 
vidual work  the  commission  came  together  and 
discussed  the  drafts.  In  the  year  1887  the  project 
was  transmitted  to  the  Chancellor  and  published 
by  him  in  1888,  together  with  a  summary  of  the 

[185] 


GERMAN  GOVERNMENT  AND  POLITICS 

existing  situation  and  reasons  for  the  changes 
recommended  by  the  commission. 

The  purpose  of  this  publication  was  to  pro- 
cure suggestions  and  criticisms  from  all  sources. 
Indeed  the  literature  produced  was  most  exten- 
sive. The  strongest  opposition  came  from  the 
Germanistic  school  led  by  the  distinguished 
Professor  Gierke  of  Berlin,  who  wished  a  fuller 
recognition  of  German  customary  law.  As  a 
result  of  those  criticisms,  a  new  commission  of 
twenty-two  members,  representing  all  interests 
in  the  Empire,  was  appointed.  Each  draft  of 
the  Code  was  published  and  after  the  criticism 
of  the  public,  thoroughly  revised  by  the  second 
commission. 

In  January,  1895,  the  draft  of  the  Code  and 
the  Introductory  Law  were  completed  and  placed 
on  the  table  of  the  Reichstag.  Here  the  project, 
after  the  first  reading,  was  transmitted  to  a  com- 
mittee of  twenty-one  members  from  the  differ- 
ent parties.  In  June  the  committee  reported 
to  the  House.  July  i,  1896,  the  bill  was  passed 
by  a  very  large  majority  with  only  one  amend- 
ment. The  Bundesrat  adopted  the  Code  (Biir- 
gerliches  Gesetzbuch,  officially  abbreviated  B.  G.  B.) 
on  July  4,  and  it  was  published  on  August  18, 
1 896.  It  went  into  effect  January  1 ,  1 900,  together 
with  an  Introductory  Law,  Law  of  Judicial 
Organization  and  Law  of  Civil  Procedure. 

The  making  of  the  German  Civil  Code  is  per- 
haps the  most  remarkable  example  of  brilliant, 

[186] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

thorough,  constructive  legislation  rendered  possi- 
ble by  the  idealism  of  the  mass  of  the  German 
people  and  by  their  patience  and  confidence  in 
their  jurists.  It  was  the  work  of  aristocrats  in 
education  guided  by  the  public  opinion  of  their 
fatherland.  It  offers,  as  an  English  writer  ob- 
serves,1 a  standing  object-lesson  to  all  states  that 
are  looking  forward  to  a  scheme  of  codification, 
and  the  Germans  may  well  be  proud  of  the  labors 
which  for  twenty-two  years  were  devoted  to  its 
consideration. 

The  German  Civil  Code  is  generally  recognized  ^l"t 
by  foreign  jurists  as  a  masterpiece  in  jurispru-  code 
dence  if  not  as  the  greatest  code  since  Justinian. 
Thus  Professor  Maitland,  the  emiment  English 
jurist,  says:2  "The  German  people  have  brought 
that  law  (i.e.,  the  Civil  Code)  up  to  date,  and  are 
facing  modern  times  with  modern  ideas,  modern 
machinery,  modern  weapons."  "It  is  the  most 
carefully  considered  statement  of  a  nation's 
laws  that  the  world  has  ever  seen."  3  And  E.  M. 
Borchard,  an  American  specialist  on  German 
law,  uses  the  following  words:  "German  codi- 
fication truly  exemplifies  a  power  of  legal  expres- 
sion with  which  Bryce  credits  the  Roman  jurists 
—  the  power  of  so  framing  general  rules  as  to 

1  A.   P.  Higgins,    "The   Making   of  the   German   Civil 
Code." 

2  "Independent  Review,"  1906,  p.  219. 

3  Maitland    in    the    introduction    to    his    translation    of 
Gierke's  "Political  Theories  of  the  Middle  Ages." 


GERMAN  GOVERNMENT  AND  POLITICS 

make  them  the  expression  of  legal  principles, 
and  of  working  out  these  rules  into  their  details 
so  as  to  keep  the  details  in  harmony  with  the 
principles."  * 

The  2,385  paragraphs  of  the  Code  are  grouped 
into  five  books,  of  which  the  first  (Allgemeiner 
Teil,  1-240)  contains  general  principles  while 
the  second  book  deals  with  the  "law  of  obli- 
gations" (Recht  der  Schuldverh'dltnisse,  241-304), 
the  third  with  the  "law  of  things"  (Sachen- 
recht,  854-1,296),  the  fourth  with  the  "family 
law"  (Familienrecht,  1,297-1,921),  the  fifth 
with  the  "law  of  inheritance"  (Erbrecht,  1,922- 

2,385). 

This  classification,  peculiar  as  it  might  seem 
to  Anglo-Saxon  jurists,2  is  based  upon  the  ar- 
rangement of  the  older  German  systematic  trea- 
tises on  the  Germanized  Roman  law  and  was 
therefore  familiar  to  the  German  lawyers  and 
judges. 

In    order   to    harmonize    state   law   with    the 

Imperial  civil  law,  to  make  transitory  provisions 

and  to  regulate  the  matters  left  to  the  legislation 

of  the  several  states,  these  states  passed  Ausjub- 

rungsgesetze  or  "  Executive  Acts  to  the  Civil  Code." 

Criminal        When  the  German  Civil  Code  went  into  effect 

Uw-          a  unified  criminal  law  had  already  been  secured 

1  E.  M.  Borchard,  "  Guide  to  the  Law  and  Legal  Liter- 
ature of  Germany." 

2  See  E.  J.  Schuster,  "The  Principles  of  German  Civil 
Law." 

[188] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

which  dates  from  May  31,  1870.  Since  that 
time  legislation  of  the  several  states  in  the  con- 
trol of  crime  has  been  restricted  to  violations 
of  regulations  concerning  taxes,  fishing,  hunting, 
forestry  and  mining. 

The  Criminal  Code  of  the  German  Empire1 
is  divided  into  two  parts,  one  containing  the 
general  principles  and  the  other  the  particular 
punishable  crimes. 

Subject  to  punishment  under  this  criminal 
law  are  all  persons,  citizens  and  foreigners  living 
in  Germany.  German  citizens  may  be  punished 
also  for  certain  crimes  committed  abroad,  e.g., 
treason,  crimes  of  laesae  majestatis,  and  crimes 
committed  in  official  service. 

Only  the  completed  act  is  punished  to  the  full 
extent.  An  attempted  crime  is  punished,  but 
more  mildly.  Partners  and  instigators  of  a 
crime  are  punished  as  fully  as  the  one  who  com- 
mitted the  crime.  Those  who  assisted  receive 
a  milder  punishment. 

Persons  who  are  insane,  or  who  act  in  self- 
defense,  or  children  up  to  twelve  years  are  not 
punished.  The  latter,  however,  are  subject  to 
a  special  corrective  education  under  official  su- 
pervision. Youthful  criminals  between  twelve 
and  eighteen  years  are  punished  very  mildly, 
and  their  cases  are  now  usually  brought  before 

1  It  might  be  mentioned  that  a  new  criminal  code  is 
being  prepared,  but  that  its  preparation  will  probably  con- 
tinue for  several  years. 

[l89] 


GERMAN  GOVERNMENT  AND  POLITICS 

a  special  court  similar  to  the  American  juve- 
nile courts. 

The  public  prosecutors  are  obliged  to  bring 
before  a  court  every  criminal  offender  of  whom 
they  have  evidence,  except  in  a  few  cases  of 
minor  crimes,  where  the  direct  interest  of  the 
state  is  not  involved.  In  these  instances  the 
prosecutor  takes  a  case  up  only  if  it  is  brought 
before  the  court  by  the  party  concerned. 

A  crime  cannot  be  punished  if  a  certain  time 
has  elapsed  since  it  was  committed.  Unimpor- 
tant torts  come  under  the  statute  of  limitation 
after  three  months,  severer  crimes  after  three  to 
twenty  years. 

Criminal  acts  are  divided  into  three  classes: 
Ferbrechen  or  felonies,  Fergehen  or  misdemeanors 
and  Ubertretungen  or  trespasses.  A  felony  is  an 
act  punishable  by  death  or  service  in  penitentiary 
or  fortress  for  more  than  five  years.  A  misde- 
meanor is  punishable  by  fortress  imprisonment 
for  less  than  five  years,  by  prison  or  fine  of  more 
than  150  marks.  A  trespass  is  punishable  by 
arrest  or  fine  of  less  than  150  marks. 

Capital  punishment  is  executed  by  decapitation. 
Thus  are  punished  deliberate  murderers,  those 
who  attempt  to  murder  the  Kaiser  or  their  own 
sovereign,  those  who  use  dynamite  with  intent 
to  kill,  and  slavers. 

Penal  confinement  (Zuchthaus)  is  either  for 
life  or  from  one  to  fifteen  years;  it  always  in- 
cludes permanent  disability  to  serve  in  the 

[190] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

army  or  hold  an  official  position.  Imprisonment 
(Gefdngnis]  lasts  from  one  day  to  ten  years.  The 
prisoner  cannot  be  forced  to  work  outside  of  the 
prison.  Fortress  incarceration  (Festung)  pre- 
supposes that  the  criminal  did  not  have  a  dis- 
honest intention  (cases  of  dueling,  espionage  of 
foreigners,  etc.).  It  lasts  for  life  or  from  one  day 
to  fifteen  years.  Arrest  or  confinement  (Haft) 
lasts  only  from  one  day  to  three  months.  Verweis 
is  an  official  warning.  The  minimum  fine  is  one 
mark,  the  maximum  15,000  marks.  Besides 
these  punishments  a  convicted  person  may  be 
deprived  of  his  civil  rights,  placed  under  the 
supervision  of  the  police  or,  if  a  foreigner,  ex- 
pelled from  German  territory. 

Besides  the  Criminal  Code  there  exist  many 
Imperial  laws  which  provide  penalties;  e.g.,  the 
Press  Law  of  1874,  the  Dynamite  Law  of  1884, 
the  Law  regulating  Bankruptcy  of  1899,  the 
Espionage  Law  of  1890,  the  Pure  Food  Law  of 
1879,  and  especially  the  Trade  Law  of  1869. 

The  organization  of  civil  and  criminal  courts 
in  the  German  Empire  is  regulated  by  the 
" Gerichtsverfassungsgesetz "  of  October  I,  1879.  courts 

There  is,  strictly  speaking,  only  one  federal 
court,  the  Reichsgericht  or  "Imperial  Court," 
which  sits  at  Leipzig,  Saxony.  This  is  the  su- 
preme court  and,  in  general,  is  only  a  court  of 
appeals.  All  other  courts  are  courts  of  the  several 
states  but  organized  under  the  rules  of  the  law 
mentioned  above  and  administering  justice  ac- 


GERMAN  GOVERNMENT  AND  POLITICS 

cording  to  principles  laid  down  by  the  Imperial 
codes. 

The  lowest  German  court  is  the  Amtsgericht. 
It  is  a  civil  as  well  as  a  criminal  court.  At  the 
head  of  it  is  one  judge,  the  Amtsrichter,  who 
decides  civil  cases  without  assistance.  In  crimi- 
nal cases  he  is  generally  assisted  by  two  laymen 
as  jurors  (Schoffen)  who  join  with  him  in  the 
decision.  All  civil  cases  involving  a  sum  less 
than  600  marks  have  to  be  brought  in  first  in- 
stance in  an  Amtsgericht.  As  a  criminal  court 
the  Amtsgericht  acts  in  minor  cases  and  mis- 
demeanors, as  enumerated  in  the  law  mentioned 
above. 

The  middle  and  higher  courts  are  all  collegial 
bodies  composed  of  several  judges. 

The  Landgerichte  are  courts  of  appeal  from 
the  Amtsgericht  and  courts  of  first  instance  in 
civil  cases  involving  more  than  600  marks  as  well 
as  in  all  serious  criminal  cases.  In  civil  cases 
the  decision  rests  with  three  judges,  the  Land- 
richter.  For  criminal  cases  the  Landgericht  is 
divided  into  Strafkammern  or  Chambers  for 
Criminal  Cases  and  Schwurgerichte  or  Courts  of 
Juries.  The  Strafkammern  deal  with  crimes 
punished  with  a  maximum  of  five  years  of  penal 
confinement,  with  recidivists,  thieves  and  con- 
cealers of  stolen  goods.  The  Schwurgerichte  have 
all  other  criminal  cases  under  their  jurisdiction 
except  cases  of  high  treason  against  Kaiser  and 
Empire  and  cases  of  espionage,  which  are  de- 

[192] 


JUDICIAL  SYSTEM  OF  THE   EMPIRE 

cided  by  the  Reichsgericht  without  appeal.  The 
Strafkammern  are  composed  of  five  judges,  the 
Schwurgerichte  of  three  judges  and  twelve  lay 
jurors.  In  addition  to  these  three  divisions  or 
chambers,  special  chambers  for  commercial  af- 
fairs (Kammern  fur  Handelssachen)  may  be 
created  at  the  Landgerichte.  These  commercial 
courts  consist  of  one  judge  of  the  Landgericht 
and  two  lay  members  as  his  equal  colleagues,  who 
are  proposed  by  the  chambers  of  commerce. 

Courts  of  appeal  from  the  Landgerichte,  in 
civil  as  well  as  criminal  cases,  are  the  Oberlandes- 
gerichte,  of  which  there  are  twenty-nine  in  Ger- 
many. These  courts,  as  well  as  the  Reichsgericht, 
are  divided  into  Senate  or  departments  for  civil 
and  criminal  cases.  Departments  of  the  Ober- 
landesgerichte  are  composed  of  five  judges,  those  of 
the  Reichsgericht  of  seven. 

In  states  with  more  than  one  Oberlandesgericht 
certain  cases,  otherwise  belonging  to  the  Reichs- 
gericht, may  be  transferred  to  one  of  these  Ober- 
landesgerichte.  Thus  Bavaria  since  1879  has  had 
an  Oberstes  Landesgericht  and  Prussia  the  Kam- 
mergericht  in  Berlin.  This  latter  court  is  also  the 
highest  criminal  court  for  Prussia,  and  the  high- 
est court  for  non-contentious  jurisdiction.1 

The  German  system  of  courts  is  centralized  in 
the  Reichsgericht,  which  was  created  in  1869.  It 

1  A  special  department  of  the  Kammergericht  is  the 
Geheime  Justizrat,  a  civil  court  for  members  of  the  royal 
house. 

[193] 


GERMAN  GOVERNMENT  AND  POLITICS 

preserves  the  unity  of  judicial  decisions  for  the 
whole  Empire.  If  one  of  its  senates  wishes  to  alter 
the  decision  of  the  other,  it  has  to  do  so  in  joint 
meeting  with  the  rest  of  the  civil  and  criminal 
senates  respectively.  If  a  senate  for  criminal 
cases  wishes  to  deviate  from  the  opinion  of  a 
civil  senate,  or  of  all  of  them,  or  if  a  senate  for 
civil  cases  wishes  to  deviate  from  the  opinion  of 
a  criminal  senate,  or  of  all  of  them,  it  may 
do  so  only  by  the  decision  of  all  the  different 
senates. 

The  Reichsgericht  is  a  court  of  third  instance 
in  civil  cases  involving  a  minimum  of  4,000 
marks,  and  a  criminal  court  of  appeals  from  the 
Strafkammern  and  Schwurgerichte  in  cases  where 
the  legality  of  a  decision  in  regard  to  the  subject- 
matter  is  disputed. 

For  disputes  as  to  questions  of  law  in  regard 
to  railways,  the  Oberlandesgericht  has  the  final  de- 
cision. In  cases  of  conflict  as  before  which  set  of 
courts,  ordinary  or  administrative,  a  case  has  to 
be  brought,  special  courts  of  the  several  states 
have  the  decision. 

Besides  this  system  of  ordinary  courts,  there 
are  special,  ordinary  Imperial  courts,  the  criminal 
courts  of  the  navy,  and  consular  courts. 

Non-contentious  jurisdiction  is  the  adminis- 
jurisdic-  trative  assistance  of  courts  or  judicial  officers  in 
the  creation  of  private  rights. 

Together  with  the  German  Civil  Code  there 
was  published  an  imperial  law  regulating  non- 

[194] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

contentious  jurisdiction,  the  " Reichsgesetz  be- 
treffend  Angelegenheiten  der  freiwilligen  Ge- 
richtsbarkeit."  1 

The   main   subjects  of  non-contentious  juris- 
diction are: 

1.  Registration    of  land    titles.     Transfers   or 
change  of  ownership  of  land  go  legally  into  effect 
by  an   agreement  between  the  parties  and  the 
registration    of   this    agreement.     The    state    is 
responsible  for  any  mistake  made  by  the  regis- 
tration officials  in  the  performance  of  their  duty. 
The  officers  are  in  turn  financially  responsible  to 
the  state. 

2.  Cases  of  guardianship.     The  guardians  ap- 
pointed by  the  courts  are  under  their  constant 
supervision.     These  courts  ratify  adoptions,  give 
minors  in  certain  cases  the  rights  of  persons  of 
full    age    and    settle   domestic    disagreements   of 
unimportant  character. 

3.  Registration  of  marriage  contracts,  of  com- 
mercial partnerships,  of  share  companies,  etc.2 

4.  Probate  matters. 

1  Other  sources  of  non-contentious  jurisdiction    are    the 
Land   Registration   Act  of  1900;   some   paragraphs   of   the 
German  Civil  Code  on  the   making  of  wills,   certificates  of 
inheritance,  etc.;   some  provisions  in  the  Commercial  Code, 
in  the  Trade-mark  Statutes  and  many  statutes  of  the  sev- 
eral states,   regulating  matters  of  more  local   character,   as 
the  Prussian  Statute  of  September  21,   1899,  regarding  non- 
contentious  jurisdiction. 

2  Patents  and  trade-marks  are  registered   by  the  Patent 
Office. 

[195] 


GERMAN   GOVERNMENT  AND   POLITICS 

5.  Judicial  authentication  of  written  state- 
ments, Urkunden  or  documents.  In  many  of  the 
German  states  this  function  is  exclusively  exer- 
cised by  notaries  instead  of  by  the  courts. 

When  public  interests  are  involved  as  in  cases 
of  guardianship,  the  courts  act  ex-officio  or  of  their 
own  motion;  in  other  cases,  as  marriage  agree- 
ments, registration  of  land,  etc.,  they  act  only 
upon  application. 

Non-contentious  jurisdiction  as  far  as  adminis- 
tered by  courts  is  usually  performed  by  the  dis- 
trict courts,  the  same  number  of  judges  sitting 
as  in  civil  matters.  Final  appeal  from  these  in 
cases  of  violation  of  law  only,  not  for  errors  in 
fact,  may  be  taken  to  the  highest  court  of  appeal 
in  the  different  states.  The  Reichsgericht  has 
nothing  to  do  with  cases  of  non-contentious 
jurisdiction. 

judicial  The  leading  officers  of  the  German  courts  are 
professional  judges.  Their  training  is  uniform 
throughout  the  Empire.  After  graduation  from 
a  secondary  school,  for  at  least  three  years  they 
must  study  jurisprudence  and  economics.  After 
they  have  passed  rigid  examinations  they  are 
admitted  to  the  judicial  career  as  Referenda,™ 
or  assistants.  Then  they  are  prepared  in  the 
different  courts  and  after  three  years  of  service 
may  be  admitted  to  a  second  examination.  After 
the  passage  of  this  examination  they  receive  the 
title  Assessor  and  are  appointed  judges  if  a 
vacancy  occurs.  Professors  of  jurisprudence  at 

[196] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

the  universities  are  eligible  without  examination. 
At  the  head  of  the  collegia!  courts  is  a  Prasident, 
at  the  head  of  the  chambers,  Directoren,  at  the 
head  of  the  senates,  Senatspr'dsidenten.  Members 
of  the  Reichsgericht  must  have  passed  the  thirty- 
fifth  year.  They  are  appointed  directly  by  the 
Kaiser  while  all  the  other  judges  are  appointed 
by  the  sovereigns  of  the  several  states. 

Judges  cannot  be  removed  or  transferred  with- 
out a  legal  process  and  for  legal  reasons.  Poli- 
tics play  no  part  in  the  judicial  system  of 
Germany.  The  German  people  are  justly  proud 
of  the  independence  and  high  sense  of  justice  of 
their  judges.1 

The  jurors  of  the  Amtsgerichte  and  the  lay 
members  of  the  Kammern  fur  Handelssachen  are 
lay  judges  without  remuneration.  They  decide 
only  the  guilt  or  innocence  of  the  accused  while 
the  judges  determine  the  punishment.  Jurors  in 
the  Landesgericbte  are  selected  from  a  list  of 
persons  who  are  thirty  years  old  and  have  never 
been  convicted  by  a  court. 

Each  court  has  a  public  prosecutor.  The 
prosecutor  of  the  Amtsgericht  is  the  Amtsanwalt, 
a  civil  service  officer  of  the  middle  class.  The 
prosecutors  of  the  higher  courts  are  called 
Staatsanwalte,  or  Oberstaatsanwalte  at  the  Landes- 

1  In  the  year  1912,  e.g.,  a  judge  in  Kadinen,  East 
Prussia,  decided  a  case  against  the  Kaiser  to  the  great  satis- 
faction of  the  German  people  and  was  praised  by  the  Kaiser 
after  he  learned  that  he  had  been  misled. 

[197] 


GERMAN  GOVERNMENT  AND  POLITICS 

and  Oberlandesgerichte,  and  Reichsamv'dlte  at  the 
Reischgericht.  They  have  the  same  training  as 
the  judges.  They  are,  however,  not  as  independ- 
ent as  the  judges  since  they  have  to  obey  the  orders 
of  their  superiors.  The  prosecutors  are  assisted 
by  the  police  who  must  obey  their  commands. 

Attorneys,  or  Rechtsantv'dlte,  have  the  same 
training  as  the  judges.  Attorneys  who  have 
been  admitted  to  one  court  are  admitted  to 
any  court  in  Germany  except  for  civil  cases 
where  they  are  assigned  to  certain  courts.  The 
attorneys  of  the  Reichsgericht  are  admitted  by 
the  presiding  board  of  this  court,  and  can  prac- 
tice only  before  the  Reichsgericht.  Notaries  must 
have  the  same  training  as  judges.  They  are 
appointed  by  the  state  and  are  usually  at  the 
same  time  attorneys. 

The  clerical  service  of  the  courts  is  performed 
by  secretaries,  Gerichtssekretare,  who  are  officers  of 
the  middle  class  and  trained  in  the  principles  of 
law.  They  are  also  charged  with  the  records. 
Other  court  officers  are  the  bailiff  or  Gerichts- 
vollzieher  and  the  beadle  or  Gerichtsdiener,  who 
have  in  general  the  same  duties  as  similar  officers 
in  England  and  the  United  States. 

The  governmental  powers  by  which  the  admin- 
principie  istration  of  a  modern  constitutional  state  is  carried 
of  admin-  on  are  not  arbitrary  but  are  fixed  by  law  and  the 

Istrative       . 

law  and      individual  can  appeal  to  the  government,  ir  his 
adminis-    rights,    as  guaranteed    by  law,    are  violated  by 
courts        governmental  agents  or  officials.     All  these  legal 
[198] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

rules  in  Germany,  as  in  most  continental  Euro- 
pean countries,  are  laid  down  in  a  special  field 
of  law,  the  so-called  "administrative  law." 

Administrative  law  is  therefore  that  branch 
of  public  law  which  fixes  the  details  of  organ- 
ization of  the  government,  determines  the  com- 
petence of  the  administrative  authorities  and 
gives  the  individual  redress  in  case  his  rights  are 
violated. 

Anglo-Saxon  jurists,  with  few  exceptions,  have 
denied  the  existence  of  a  distinct  and  separate 
branch  of  "administrative  law."  They  have 
above  all  objected  to  the  advisability  of  having 
this  branch  of  law  administered  by  special  courts. 
England  and  the  United  States  know  only  one 
law  and  one  set  of  courts,  the  ordinary  courts, 
before  which  all  legal  controversies,  including  those 
involving  public  officers,  are  brought.  Germany 
distinguishes  between  ordinary  law,  civil  and 
criminal,  administered  by  ordinary  courts,  and 
administrative  law,  as  defined  above,  adminis- 
tered in  the  so-called  administrative  courts. 
Another  characteristic  feature  of  administrative 
law  is  that  under  it  the  state  is  held  responsible 
for  the  acts  of  its  agents  rather  than  the  in- 
dividual officers  themselves. 

There  are  many  advantages  connected  with  the 
continental  European  system.  In  the  first  place, 
it  makes  for  greater  efficiency.  Undoubtedly 
the  supervision  of  purely  judicial  courts  and  their 
interference  in  administrative  affairs  is  detrimental 

[  199] 


GERMAN  GOVERNMENT  AND  POLITICS 

to  prompt  and  efficient  administration.  Further- 
more, the  decision  of  cases  in  administrative 
matters  requires  a  thorough  knowledge  of  the 
technique  of  administration.  This  knowledge  is 
not  usually  possessed  by  judges  of  ordinary  courts. 
Not  admitting  any  distinction  between  adminis- 
trative and  ordinary  law  they  apply  the  same 
methods  to  the  enforcement  of  laws  of  a  different 
character.  Not  recognizing  the  special  nature 
of  Government  as  the  representative  of  all  citizens, 
they  often  decide  against  public  welfare  in  favor 
of  private  interests.  The  execution  of  adminis- 
trative law  requires  men  with  special  training 
and  a  public  mind. 

Finally,  the  individual  can,  if  he  has  suffered 
injury,  get  better  satisfaction  under  the  con- 
tinental system  if  the  court  decides  in  his  favor. 
For  example,  a  policeman  who  in  the  supposed 
performance  of  his  duty  injures  an  individual, 
would  in  the  United  States  or  England  be  held 
personally  responsible.  It  is  very  doubtful,  how- 
ever, if  the  plaintiff  could  collect  any  substantial 
damages  as  a  result  of  a  verdict  in  his  favor. 
Under  the  continental  system  the  government 
would  satisfy  the  plaintiff. 

There  is,  on  the  other  hand,  a  justifiable  ob- 
jection to  the  continental  system.  If  the  admin- 
istrative courts  were  not  composed  of  men  with 
a  high  sense  of  justice,  they  might  too  strongly 
uphold  the  government  which  they  represent, 
and  the  individual,  for  political  reasons,  might 

[200] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

never  get  satisfaction.  This  was  actually  the 
situation  in  France  under  the  regime  of  Napoleon 
III.  The  administrative  courts  were  instruments 
in  the  hands  of  the  imperial  government.  Dicey, 
the  eminent  English  jurist,  took  these  French 
courts  as  types  of  administrative  courts  when  he 
condemned  the  whole  system. 

As  far  as  Germany  and  her  states  are  concerned, 
we  may  safely  say  that  the  system  of  special 
administrative  law  and  courts  works  to  the  full 
satisfaction  of  both  government  and  individual 
citizens.1 

In  Germany  administration  is  generally  left  to 
the  several  states,  therefore  we  find  comparatively 

1  Dicey  confesses  (in  his  "  Introduction  to  the  Study  of  the 
Law  of  the  Constitution,"  7th  edition,  1908,  Chapter  on  "  Droit 
Administratif ")  that  he  received  his  knowledge  of  adminis- 
trative law  from  A.  de  Toqueville,  who,  by  his  own  admission 
"  knew  little  or  nothing  of  the  actual  working  of '  droit  admi- 
nistratif'  in  his  own  day."  And  those  days  were  furthermore 
the  days  of  the  regime  of  Napoleon  III.  Dicey's  misconcep- 
tion of  the  administrative  law  of  to-day  is  expressed  in  sentences 
like  the  following:  "The  'droit  administratif '  rests  upon 
political  principles.  Official  courts  are  supported  because 
they  have  an  official  bias.  It  is  a  body  of  law  intended  to 
preserve  the  privileges  of  the  state.  The  separation  of  powers, 
as  the  doctrine  is  interpreted  in  France,  assuredly  means  the 
protection  of  official  persons  from  the  liability  of  ordinary 
citizens,"  etc.  Under  Dicey's  influence  President  A.  Lawrence 
Lowell  of  Harvard  criticized  the  administrative  courts  in  his 
"Governments  and  Parties  in  Continental  Europe,"  but  after 
a  more  careful  study  he  changed  his  opinion  in  his  more  recent 
publication,  "The  Government  of  England"  (Vol.  II,  pp. 
489-504).  The  first  and  most  prominent  defender  of  adminis- 

[201] 


little  administrative  law  and  few  administrative 
trauve       courts  of    the    German    Empire.      The    several 
courts        states  have  the  more  complete  system. 
German         The   basis  for   the  administrative  law  of  the 
Empire      German  Empire  is  the  constitution,  which  lays 
down  the  fundamental  principles  of  the  adminis- 
tration.     It   does  not   contain   a   bill   of   rights 
like   that   of   Prussia   and   other   states.     These 
civil  rights  are  either  accepted  as  self-evident  or 
fixed  by  special  laws,  as  the  law  in  regard  to 
citizenship,  the  law  concerning  the  right  of  form' 
ing  clubs  and  of  public  meetings  ("Vereins-  und 
Versammlungsrecht"  of  April  19,  1908),  the  law 
giving   freedom   of  domicile   and   acquisition   of 
real  property,  business  occupation,  and  emigra- 
tion, and  the  law  abolishing  passports. 

There  are  several  special  administrative  courts 
of  the  Empire.  The  Reichsamt  filr  das  Heimat- 
wesen  is  a  permanent  collegial  body  consisting 

trative  law  and  administrative  courts,  among  English  speaking 
writers,  was  Prof.  F.  J.  Goodnow,  who  was  influenced  by 
German  university  studies  (see  his  "Comparative  Adminis- 
trative Law,  Vol.  I,  pp.  217-239).  An  interesting  criticism  of 
Dicey's  point  of  view  is  E.  M.  Parker's  article  "State  and 
Official  Liability,"  in  the  "Harvard  Law  Review"  of  March, 
1906,  pp.  335  ff. 

It  might  be  noticed  that  the  Anglo-Saxon  practice  has  in 
recent  years  recognized  the  advantages  of  administrative 
courts  by  investing  administrative  bodies  with  judicial  func- 
tions, as,  in  England,  the  Boards  of  Trade,  Education,  Local 
Government,  etc.;  in  the  United  States,  the  Pension  Office, 
and  the  Interstate  Commerce  Commission. 

[202] 


JUDICIAL  SYSTEM  OF  THE  EMPIRE 

of  a  president  and  at  least  four  members.     It  is   The 
a  court  of  last  instance  in  disputes  between  public   admlnl8- 
" Corporations   for   the   Relief  of  the   Poor"   of  courts 
different  states  or  as  far  as  the  legislation  of  the   of  the 
state  has  transferred  the  decision  of  cases  between    Empire 
corporations  of  its  territory  to  the  Reichsamt.1 

The  Erweiterte  Reichseisenbahnamt  is  an  admin- 
istrative court  for  cases  arising  from  regulations 
made  by  the  Reichseisenbahnamt.  It  is  the  latter 
body  enlarged  by  several  judicial  members.  At 
least  two  judicial  officers  and  three  original  mem- 
bers must  be  present  to  give  a  decision. 

The  Reichsrayonkommission  is  a  permanent 
military  commission,  appointed  by  the  Kaiser, 
sitting  as  a  court  of  appeal  for  complaints  against 
decisions  of  commanders  of  fortresses,  who  are 
frequently  brought  into  disputes  in  guarding 
the  surroundings  of  fortresses. 

The  Oberseeamt  is  a  collegial  body,  consisting 
of  six  members,  of  whom  three  must  be  naviga- 
tion experts  and  one,  the  presiding  officer,  a  quali- 
fied judge.  They  decide  complaints  against  the 
Seeamter  or  Navigation  Offices,  which  investigate 
the  causes  of  naval  accidents  and  which  may 
disqualify  naval  officers. 

The  Reichsversicherungsamt  is  a  court  for  cases 

1  Prussia,  Hesse,  Saxe-Weimar-Eisenach  and  some  smaller 
states  have  done  this.  Bavaria  has  as  a  special  privilege  her 
own  legislation  in  regard  to  the  relief  of  poor  people,  there- 
fore the  Reichsamt  is  not  competent  for  Bavaria.  However, 
Bavaria  decided  to  give  up  this  privilege  in  1914. 

[203] 


GERMAN  GOVERNMENT  AND  POLITICS 

coming  up  from  the  association-offices  (Genos- 
senschaftsamter)  and  the  courts  of  arbitration  for 
the  state  insurance  of  invalids  and  aged  people. 

The  Aufsichtsamt  fur  Privatversicherungen  de- 
cides disputes  of  private  insurance  companies 
which  are  under  its  supervision,  e.g.,  those  com- 
panies which  do  business  in  several  German 
states  as  well  as  those  of  a  few  smaller  states. 

The  Patentamt  (Patent  Office)  is  composed  of 
a  president  and  legal  and  technical  members. 
They  are  appointed  either  for  a  period  of  five 
years  or  for  life. 

SELECTED  BIBLIOGRAPHY 

BORCHARD,  E.  M.     "Guide  to  the  Law  of  Germany." 

HOWARD,  B.  E.  "The  German  Empire,"  Chapter  IX 
(The  Judicial  Organization  of  the  Empire). 

BURGESS,  J.  W.  "Political  Science  and  Comparative  Con- 
stitutional Law,"  Vol.  II,  Division  IV,  Chapter  III 
(The  Organization  and  Powers  of  the  Judiciary  in  the 
German  Imperial  Constitution). 

GARNER,  J.  W.     "The  German  Judiciary." 


[204] 


CHAPTER  XVII 


THE     PARLIAMENTARY     HISTORY 
OF     GERMANY 


W 


HILE  in  former  times  parties  in  general 
were  based  on  philosophical  and  political 


principles,  and  drew  their  followers  from  all  classes,   Party 
at  present  they  are  mostly  representative  of  classes   pies1 
and  economic  and  social  interests.     Few  are  those 
who  view  the  problems  of  government  from  a 
broad,    unselfish,   national   standpoint. 

The  first  element  to  present  itself  frankly  as 
the  representative  of  a  single  class  was  the  Social- 
Democratic  party,  the  party  of  the  workingmen. 
It  still  essentially  represents  their  interests  al- 
though its  influence  has  begun  to  be  felt  among 
farm  workers  and  small  shopkeepers. 

The  Conservatives  have  always  had  their 
stronghold  in  the  country.  It  was  only  natural 
therefore  that  they  should  make  themselves  the 
special  protectors  of  the  agricultural  interests, 
which  role  they  definitely  adopted  with  the 
foundation  of  the  Agrarian  Union  (Bund  der 
Landwirte),  in  1893.  This  Union  at  first  formed 
a  party  by  itself.  Later  on,  however,  its  members 

1  The  party  programs  referred  to  in  the  following  chapter 
may  be  found  in  K.  Mahler,  "Die  Programme  der  politischen 
Parteien  in  Deutschland." 

[205] 


GERMAN  GOVERNMENT  AND  POLITICS 

joined  the  different  conservative  groups,  the  right 
wing  of  the  National-Liberals,  the  Clericals  and 
the  Poles.  Their  influence  has  given  to  these 
conservative  parties  a  decidedly  agrarian  character. 

The  Liberals  find  their  support  especially  in 
the  cities,  the  seats  of  commerce  and  industry, 
whose  logical  representatives  they  have  become. 
In  1909  appeared  the  Hansabund,  the  counterpart 
in  industry  and  commerce  of  the  Agrarian  Union. 
It  has  its  followers  among  all  the  liberal  groups 
from  the  radical  Left  to  the  National-Liberals. 

The  Center  less  than  any  of  the  other  great 
parties  is  the  representative  of  economic  interests. 
In  the  main  its  members  are  Agrarians,  since  the 
majority  belong  to  the  farming  classes.  However, 
a  great  many  are  workingmen  in  Catholic  cities, 
so  that  the  party  must  needs  emphasize  social 
reform.  The  fundamental  principle  of  this  party 
is  not  economic  but  religious. 

The  following  statements  give  roughly  the 
representation  of  economic  and  social  classes  in 
the  different  parties.1 

Conservatives  —  Large  landed  property  and  no- 
bility. 

Free  Conservatives — Industrialized  landed  prop- 
erty. 

Economic  Union  —  Smaller  and  urban  landed 
property,  crafts,  shopkeepers,  officers  of  middle 
rank. 

1  Taken  with  modifications  from  Chr.   Grotewald,  "Die 
Parteien  des  Deutschen  Reichstags." 
[206] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

National  Liberals  —  Large  industrial  and  com- 
mercial interests,  science  and  education. 

Liberals  —  Commerce,  science,  crafts,  smaller 
farming  property,  lower  and  middle  class  officers, 
groups  of  workingmen. 

Social-Democrats  —  Workingmen. 

According  to  the  interests  they  represent,  the 
parties  have  logically  the  following  tariff  policies. 

Conservatives  —  High  protective  tariff  for  agri- 
cultural products. 

Free  Conservatives  —  The  same,  and  also  high 
tariff  for  industrial  products. 

Economic  Union  —  The  same,  and  protection 
of  small  shops  and  crafts. 

National  Liberals  —  The  right  wing  believes  in 
a  high  protective  tariff  especially  for  industries, 
the  left  wing  in  a  moderate  protective  tariff. 

Liberals  —  Free  traders  by  principle,  however 
many  of  them  no  longer  accept  free  trade  as  a 
dogma. 

Social-Democrats  —  Absolutely  free  trade. 

Clericals  —  Protection,  especially  of  agricul- 
tural products. 

Let  us  now  consider  the  philosophical,  religious, 
and  political  principles  of  the  different  groups. 

The  basis  of  all  conservative  thinking  is  author- 
ity. Authority  is  delegated  by  God.  Therefore  The 

L       n  •  •  L       u         u        Conserv- 

tne  Conservatives  believe  in  a  monarchy  by  the   atives 
grace  of  God,   and   are  fundamentally  opposed 
to  popular  government,  especially  the  introduc- 
tion of  parliamentary  government.     Religion  as 

[207] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  source  of  authority  in  a  Christian  state  has 
to  be  protected,  and  must  permeate  the  whole 
life  of  the  nation.  The  church  must  have  a 
necessary  amount  of  freedom  and  the  state  has 
no  right  to  interfere  with  its  inner  organization. 
As  a  matter  of  fact  the  Conservative  Party 
means  particularly  the  orthodox  church,  when  it 
speaks  of  the  church,  while  the  liberal  part  of 
the  church  leans  towards  the  liberal  parties, 
especially  the  National-Liberals.  The  public 
school  should,  according  to  conservative  ideas, 
be  under  the  supervision  of  the  church  and  the 
religious  spirit  should  be  the  basis  of  all  educa- 
tion. Under  the  influence  of  the  former  court- 
minister,  Stocker,  the  conservative  parties  turned 
to  anti-Semitism.  And  this  was  quite  natural 
since  the  Jews  were  found  among  their  natural 
enemies,  the  captains  of  industry  and  commerce. 
The  anti-Semitic  feeling  has  been  strong  in 
Germany  from  time  to  time,  and  has  induced  a 
good  many  people  to  join  the  conservative  parties. 

The  Conservatives  of  the  right  wing  have  par- 
ticularistic tendencies,  especially  Prussian.  Thus 
the  Tivoli  program  of  1892  says:  "We  wish  that 
within  the  unity  (of  the  Empire)  the  natural  in- 
dependence and  character  of  the  individual  states 
and  races  be  preserved."  The  Conservatives  have 
always  supported  the  military,  naval  and  colonial 
policy  of  the  government.  The  social  policy  ad- 
vocated by  the  Conservatives  is  an  extensive 
one  based  on  patriarchal  principles.  Consistently 

[208] 


PARLIAMENTARY   HISTORY   OF   GERMANY 

with  their  fundamental  idea  they  believe  in  the 
so-called  state  socialism  or  neo-mercantilism  of  a 
real  Christian  state,  the  fruits  of  which  were  the 
great  compulsory  insurance  laws  of  the  eighties. 
The  conservative  parties  emphasize  social  legis- 
lation for  the  agricultural  population  and  the  mid- 
dle class.  They  do  not  mean  that  these  reforms 
should  be  regarded  as  a  right  of  the  people,  but 
as  a  voluntary,  though  just  and  necessary,  gift  of 
authority.  The  Tivoli  program  sums  up  the  aims 
of  the  Conservative  party  in  these  words:  "High 
esteem  for  Christianity,  monarchy  and  fatherland, 
protection  and  promotion  of  all  honest  labor,  con- 
servation of  natural  authority  —  these  are  the 
supreme  principles  which  the  German  Conserva- 
tive party  has  written  on  its  flag." 

The  Free  Conservatives  are  more  liberal,  and 
especially  more  national  in  their  views.  Their 
program  declares  "The  motto  of  the  party  is  and  aaves 
remains:  The  fatherland  above  the  party,  the 
common  interest  above  special  interests."  They 
are  as  they  say  a  constitutional  middle  party, 
which  has  always  endeavored  to  unite  all  patriotic 
men  against  socialistic,  radical  and  reactionary 
movements. 

The  Economic  Union  emphasizes  its  agrarian   small 
character  and  advocates  social  legislation  for  the    conse"- 
benefit  of  the  middle  class.  groups 

Other  small  parties,  which  have  existed  from 
time  to  time,  have  laid  special  emphasis  upon  a 
certain  conservative  policy,  as,  e.g.,  social  legis- 

[209] 


GERMAN  GOVERNMENT  AND  POLITICS 

lation  upon  Christian  principles  (The  Christian- 
Socialists),  protection  of  agriculture  (Agrarian 
Union),  anti-Semitic  policy  (Antisemiten,  Deutsch- 
Sociale,  German  Reform  Party). 

The  Clericals,  in  spite  of  their  denial,  form  a 
The  party  based  thoroughly  upon  the  Catholic  religion. 
This  is  their  first  and  supreme  principle.  When- 
ever national  and  Roman  Catholic  interests  con- 
flict they  are  found  on  the  side  of  the  church. 
Again  and  again  they  have  abused  their  power 
in  the  Reichstag  to  benefit  the  church  as  against 
the  state.  Politically,  however,  they  are  far  more 
progressive  than  the  Ultra  Conservatives,  and  if 
that  portion  of  their  number  who  place  national- 
ism above  clericalism  should  ever  gain  the  upper 
hand,  the  Center  —  which  then  would  be  the 
better  name  —  would  find  a  great  number  of 
followers  among  the  non-Catholic  mass  of  Ger- 
mans. For  with  a  sound  conservatism  they  com- 
bine many  democratic  policies,  and  are  not  as 
far  removed  from  the  mind  and  heart  of  the  peo- 
ple as  the  Conservatives.  They  have  promoted 
the  social  reform  policy  of  the  Government,  have 
fought  against  monopolies  and  the  dangers  of  the 
concentration  of  wealth.  In  their  social  reforms 
for  the  workingmen  they  go  farther  than  the 
Conservatives. 

The  Clerical  party  has  always  jealously  guarded 
the  rights  of  the  Reichstag,  and  they  have  watched 
the  budget  of  the  government  with  especial  care. 
They  like  to  pose  as  the  party  of  economy.  The 

[210] 


PARLIAMENTARY   HISTORY  OF  GERMANY 

result  is  that  often  they  vote  against  absolutely 
necessary  expenditures  for  the  army,  navy,  or 
colonies.  Their  enthusiasm  for  imperialism  is 
not  very  great.  Significant  is  their  Wahlprogramm 
(platform)  of  1903,  in  which  they  say:  "The  ex- 
penditures for  the  colonies,  in  the  extension  of 
Christian  faith  and  civilization,  have  their  limita- 
tion in  a  correct  understanding  of  our  financial 
capability."  This  clause  was  given  as  the  motive 
for  the  action  of  the  party  in  igoy,1  which  better 
than  any  program  has  shown  the  fundamentally 
non-national  character  of  this  opportunist  party. 
It  must  be  said  that  the  Center  has  been  more 
cleverly  led  than  any  other  German  party. 

The  liberal  parties  are  the  parties  of  individual- 
ism. The  welfare  of  the  individual,  personal  The 
liberty,  is  their  highest  principle.  This  principle  Parties 
has  within  it  the  danger  of  a  split  into  a  mass  of 
small  groups,  since  individualism  repels  partisan- 
ship. And  as  a  matter  of  fact  no  party  has  been 
divided  into  so  many  little  factions  as  the  Liberal 
Party.  It  is  a  party  resting  on  theories  of  the 
natural  rights  of  men.  It  is  made  up  of  a  highly 
intellectual  class  of  political  thinkers,  but  poor 
practical  politicians.  Till  lately  they  followed 
in  social  policy  the  old  laissez-faire  doctrine,  an 
attitude  quite  consistent  with  their  fundamental 
ideas  and  entirely  natural  in  a  party  representing 
big  business.  It  must,  however,  be  admitted  that 
they  now  count  among  their  members  several 

1  Cf.  p.  230. 

[211] 


GERMAN  GOVERNMENT  AND  POLITICS 

great  social  reformers  (e.g.,  the  former  Protestant 
minister  Naumann),  and  are  working  with  the  rest 
of  the  Reichstag  for  the  introduction  of  further 
reforms.  They  value  self-help  very  highly,  and 
demand  absolute  legal  equality  between  employers 
and  employees,  as  well  as  the  absolute  right  of 
coalition  of  all  working  people,  including  farm 
laborers  and  servants.  Thus  their  methods  of 
social  reform  differ  from  those  of  the  patriarchal 
Conservatives.  Since  1910  the  Liberals  of  the 
Left  have  once  more  united,  so  that  now  we 
have  two  big  liberal  groups:  the  National  Liberals 
and  the  Radical  Liberals. 

The  National  Liberals  emphasize  the  principle 
?*e          of  the  fatherland  above  the   party,  the   general 

National  *' 

Liberals  welfare  above  all  special  interests.  Ihey  are  the 
most  ardent  believers  in  imperialism,  and  are 
perhaps  nearer  than  any  other  party  to  the  spirit 
of  modern  Germany  as  represented  by  the  Ger- 
man Emperor.  Historically,  they  are  the  party 
of  nationalism  and  they  still  favor  centralization. 
Their  political  faith  is  truly  liberal,  but  opposed 
to  all  radical  tendencies.  They  recognize  the 
importance  of  the  church,  but  with  the  under- 
standing that  the  state  is  always  the  superior. 
In  their  tariff  policy  they  give  their  members  ab- 
solute freedom  of  opinion.  Most  of  them,  how- 
ever, are,  as  said  before,  protectionists. 

The    Radical    Liberals,    or    simply    Liberals, 
demand   absolute  equality,  social  and   political, 

Liberals     direct   elections  and   universal  suffrage  in  state 

[212] 


PARLIAMENTARY   HISTORY  OF   GERMANY 

and  local  government,  revision  of  the  electoral 
constituencies,  introduction  of  parliamentary 
government,  development  of  local  self-govern- 
ment, independence  of  schools  from  the  church, 
more  direct  and  fewer  indirect  taxes. 

The  principles  of  the  Social-Democratic  party 

are  internationally  well  known.     In  brief,  their   The 

.      ,  •  r  •         r    11  r  Social- 

economic  aim  is  the  socializing  or  all  means  or  Demo- 
production;  their  political  aim  is  a  direct  and  crats 
absolute  democracy.  Among  the  political  de- 
mands of  this  party  are:  woman's  suffrage,  pro- 
portional representation,  initiative,  referendum, 
political  responsibility  of  officials  who  are  to  be 
elected  by  the  people,  absolute  freedom  of  speech, 
a  free  church,  independence  of  schools  from  the 
state,  free  schools  and  universities,  free  legal  and 
medical  help,  abolition  of  all  indirect  taxes,  pro- 
gressive income  and  inheritance  taxes.  It  is  a 
well-known  fact  that  the  German  Social-Demo- 
crats, as  is  indeed  the  case  with  the  Socialists  of 
all  countries,  are  internally  split  between  the 
Orthodox  Radicals,  who  refuse  to  participate  in 
reform  legislation  and  the  opportunist  element, 
Revisionisten,  who  are  ready  to  support  any 
legislation  tending  towards  socialism,  and  who 
no  longer  accept  all  the  Marxian  doctrines  as 
do  the  Orthodox  Socialists.  So  far  the  radical 
wing  is  still  in  the  majority  and  directs  the  policy 
of  the  whole  party  although  the  revisionist  ele- 
ment is  constantly  growing  stronger.  It  is  un- 
doubtedly true  that  a  large  part  of  the  Socialist 

[213] 


GERMAN  GOVERNMENT  AND  POLITICS 

voting  strength  comes  from  persons  not  fully  in 
sympathy  with  the  economic  ideas  of  Karl  Marx, 
but  who  are  influenced  by  a  desire  to  protest 
against  existing  conditions  of  government  in 
Germany.  Often  it  has  been  questioned  whether 
the  Social-Democrats  in  case  of  war  would  take 
arms  for  the  Empire.  Of  course  socialistic  theory 
is  opposed  to  imperialism  and  militarism.  Those 
who  count,  however,  on  the  unpatriotic  spirit 
of  socialistic  Germans  in  case  of  a  defensive 
war  undoubtedly  make  a  mistake.1  Thus  one 
of  the  leaders  of  the  Social-Democratic  party, 
von  Vollmar,  declared  at  the  International 
Socialist  Congress  of  1907,  accompanied  by  the 
cheers  of  many  in  the  audience,  that  love  of 
humanity  would  never  prevent  his  party  from 
being  good  Germans,  and  that  the  idea  of 
putting  an  end  to  war  by  a  general  strike  was 
foolish. 

Besides  these  four  big  groups  of  parties  —  the 
Conservatives,  Clericals,  Liberals,  and  Social- 
Democrats  —  there  exists  a  number  of  smaller 
parties,  which  from  a  racial  viewpoint  all  protest 
against  their  position  in  the  Empire.  Of  these 
the  Poles,  Alsatians,  and  Guelphs  vote  with  the 
Center  in  matters  of  general  policy,  while  the  one 
representative  of  the  Danes  in  the  Reichstag 
is  a  guest  of  the  Liberals. 

The   party   history   of  the   German   Reichstag 

1  This  statement  was  written  before  the  outbreak  of  the 
European  war. 

[2I4] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

begins  in  the  Constitutional  Assembly  of  Prussia,  History 

1848,  and  in  its  successor,  the  Prussian  Chamber  of 
of  Deputies.      The   first    Prussian   Chamber   of 

Deputies,  which  was  elected  in  1850,  contained  The 

a   majority  of  Conservatives,   with   only   a   few  Ofthe 

scattering  Liberals,  because  the  Liberals  did  not  P™881*11 

......  .  Chamber 

participate  in  the  election,  as  a  protest  against   0fDePu- 
the  form  of  franchise  forced  upon  them.     Indeed    Ues  from 

1848— 

we  can  hardly  speak  of  real  parties  during  this  isee 
time.  The  people  elected  a  man  more  for  his 
personality  than  on  account  of  his  political 
affiliations.  With  the  ascendency  of  William  to 
the  throne  of  Prussia  in  1858,  the  Liberals  formed 
a  great  party  and  became  active  in  the  Chamber, 
at  first  supporting  the  new  government  from 
which  they  expected  a  liberal  course.  But  they  Reorgan- 

...  .   .  ,       „-  .  ,      Ization  of 

quickly  turned  to  opposition,  when  the  King  with  the  army 
Bismarck  and  Roon  proposed  the  great  reorgan- 
ization of  the  army.  Only  then  did  real  party 
organization  for  the  purpose  of  carrying  elections 
come  into  existence.  The  Liberals  were  opposed 
to  the  military  reform,  the  Conservatives  favored 
it.  At  the  same  time,  the  Liberals  advocated 
a  German-National  policy,  while  the  Conserva- 
tives were  Prusso-particularistic.  In  1863  the 
Liberals  had  247  seats,  the  Conservatives  105. 
But  Bismarck  despised  this  majority  and  went 
on  with  military  reforms  without  its  consent. 
History  justified  his  action.  While  battles  were 
being  fought  in  Bohemia  in  1866  a  new  Land- 
tag was  elected,  in  which  the  people  condemned 

[215] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  policy  of  the  Liberals.1  The  dominance  of 
the  Liberals  in  the  Chamber  passed  once  and 
forever. 

The  Liberal  majority  was  succeeded  by  a  major- 
ity consisting  of   the  National-Liberals  and  the 
The  Free  Conservatives.     The  National-Liberals  came 

National     mto  existence  partly    through    the    desertion    of 

Liberals  i  T  "U 

and  the      the  more   moderate   Liberals,   who  now   became 
Free-         reconciled    with    Bismarck's    policy,    and    partly 
atives  as     by  the  adherence  of  the  members  of  the  National 
govern-      Qub,    the    N ationalverein.      This    N ationalverein 
parties       was  created  in  1859  under  the  leadership  of  Ben- 
nigsen,  and  comprised  all  the  elements  in  Germany 
who  believed  in  a  German  Empire  under  Prussian 
leadership  on  the  basis  of  moderate  liberal  insti- 
tutions.    Almost  all  the  prominent  men  of  learn- 
ing  in   Germany  joined    the    National-Liberals, 
among  them  the  great  historian  Treitschke,  and 
Gneist,  the  spirit  of  reform  in  Prussian  local  gov- 
ernment.    It  became  the  great  popular  party.     In 
the    Constitutional    Convention    for    the    North 
German    Federation    the    National-Liberals    had 
already  eighty  seats.     They  must  be  given  special 
credit  for  the  passage  of  the  Constitution,  which 
was  adopted  by  230  against  50  votes,  the  minor- 
ity being  composed  of  Liberals,  Clericals,   Poles, 
Guelphs  and  Danes. 

Contemporaneously  with  the  National-Liberal 
party,  the  Free-Conservative  party  was  created. 

1  Their  official  name  was  Fortschrittspartei  or  Progressive 
Party. 
[216] 


PARLIAMENTARY   HISTORY  OF   GERMANY 

This  new  party  separated  from  the  old  Conserva- 
tives, which  henceforth  called  themselves  German- 
Conservatives.  The  reason  for  the  separation 
was  a  more  progressive  point  of  view,  a 
more  pronounced  nationalism  and  an  almost 
unlimited  faith  in  Bismarck.  They  have  been 
baptized  the  "Bismarck  party  sans  phrase" 
Since  1867  they  have  called  themselves  the 
Imperial  party  or  Reichspartei. 

During  the  period  of  the  predominance  of 
these  two  parties  the  structure  of  the  German 
Empire  was  erected  and  cemented.  Their  diffi- 
cult task  all  fair-minded  critics  must  confess  was 
accomplished  with  brilliant  success. 

Soon  after  the  establishment  of  the  new  Em- 
pire, the  government  became  involved  in  a  deplor-  The 
able  and  bitter  struggle  with  the  Catholic  Church,  kampf 
Fundamentally  it  was  the  old  medieval  German 
fight  between  church  and  state,  the  fight  between 
the  Roman  principle  of  binding  authority  and  the 
Protestant  doctrine  of  free  individuality.  After 
the  Italians  had  deprived  the  Pope  of  his  temporal 
power  the  archbishop  of  Posen  in  behalf  of  all 
Catholics  asked  Bismarck  at  Versailles  in  1870 
to  restore  the  old  temporal  power  of  the  Pope. 
Bismarck  coldly  refused  to  do  anything  in  that 
direction,  whereupon  a  Clerical  party  was  at 
once  organized,  with  the  purpose  of  restoring  the 
temporal  power  and  the  independence,  or  even 
superiority,  of  the  Catholic  Church.  With  the 
help  of  the  clergy,  the  Clericals  conquered  58 

[217] 


GERMAN  GOVERNMENT  AND  POLITICS 

seats  in  the  first  Imperial  Reichstag,  and  47  in 
the  corresponding  Prussian  Chamber  of  Deputies. 

The  conflict  between  this  party  and  the  govern- 
ment broke  out  as  a  result  of  the  dogma  of  Papal 
infallibility  in  speaking  ex  cathedra.  The  German 
bishops  had  opposed  the  new  dogma  in  the  Vatican 
Council.  But  after  it  had  been  accepted  they 
submitted  to  it,  except  a  few  under  the  leadership 
of  Dollinger,  the  distinguished  professor  of  theol- 
ogy in  Munich.  They  were  consequently  excom- 
municated by  the  Catholic  Church  and  formed 
a  church  of  free  thinking  Catholics,  the  so-called 
"Old-Catholics."  The  government  came  to  the 
help  of  the  Old-Catholics.  The  Reichstag,  at 
the  proposition  of  the  government,  forbade  the 
religious  orders  to  engage  in  teaching.  In  1872, 
the  Order  of  Jesus  and  afterwards  other  orders 
were  expelled  from  German  territory.  In  May 
1873, 1874,  and  1875,  the  Prussian  Landtag^  passed 
a  number  of  laws  directed  against  the  power 
of  the  Catholic  church,  providing  for  the  super- 
vision of  education  by  the  state,  the  appointment 
of  the  clergy  by  the  state,  compulsory  civil 
marriage  and  suppression  of  religious  orders. 

The  clergy  refused  to  obey  the  laws,  which  the 
Pope  declared  void.  The  government  enforced 
them  by  fines,  imprisonment,  non-payment  of  sal- 
ary and  expulsion  from  the  country.  Hundreds 
of  congregations  in  Prussia  were  without  priests 
and  church  services;  baptisms  and  marriages 

1  Falk  was  Minister  of  Education. 
[218] 


PARLIAMENTARY   HISTORY  OF   GERMANY 

stopped.  All  Germany  was  excited,  the  priests 
posed  as  martyrs,  the  mass  of  Catholic  people 
looked  upon  them  as  half-saints  and  the  ends  of 
the  government  were  not  accomplished.  In  1877 
the  Clericals  returned  92  members  to  the  Reichs- 
tag and  became  the  strongest  party  in  that  body. 

The  Kulturkampf,  as  this  struggle  has  been 
called,  only  enhanced  the  power  of  the  Clericals. 
Therefore  Bismarck,  who  needed  the  help  of  the 
Clericals  for  other  reasons,  made  peace  with  them. 
This  was  greatly  facilitated  by  the  death  of 
Pope  Pius  IX  and  the  election  of  Leo  XIII,  a 
man  of  more  liberal  mind  and  of  great  diplomatic 
skill.  In  the  years  following  1878  one  law  after 
another  of  the  Kulturkampf  period  was  abandoned 
so  that  now  only  civil  registration  of  births  and 
deaths,  civil  marriages,  inspection  of  schools  and 
the  provisions  excluding  the  Jesuits  as  an  order 
are  left.  Individual  Jesuits  are  now  admitted. 

The  year  1874  saw  the  climax  of  the  strength  of 
the  National-Liberals.  It  seemed  impossible  in  FaU 

i  -i  .  .     of  the 

the  early  seventies  that  so  strong  a  power  could   National- 
be  broken  in  so  short  a  time.     And  yet  it  took  only   Liberal 
seven  years,  from  1874  to  1881,  to  diminish  their 
strength  from  152  to  45  seats,  a  point  at  which 
they  have  remained  ever  since,  except  in  1887  when 
they  won  99  seats.     Many  reasons  account  for  this 
sudden  decline.     In  the  first  place  must  be  put 
Bismarck's  change  of  attitude  toward  the  party. 
He  was  turning  more  and  more  to  conservative 
ideas.     Furthermore   he  was,   as   always,   afraid 

[219] 


GERMAN  GOVERNMENT  AND   POLITICS 

of  the  power  which  a  very  strong  and  united  party 
might  gain  in  the  Reichstag,  a  power  which  in 
the  future  under  a  weak  Kaiser  and  Chancellor 
might  be  used  to  introduce  the  English  form  of 
government  which  he  abhorred. 

The  two  main  causes  of  Bismarck's  alienation, 
however,  were  his  differences  of  opinion  with  the 
National-Liberals  in  regard  to  imperial  finance 
and  the  treatment  of  the  Social-Democrats.  After 
the  war  indemnity  had  been  consumed  to  sup- 
port the  new  government,  it  was  necessary  to 
find  other  resources.  This  the  National-Liberals 
saw  as  well  as  Bismarck,  but  they  feared  a  loss 
of  power  in  the  Reichstag,  if  they  voted  perma- 
nent imperial  taxes  without  some  safeguard.  For 
according  to  the  German  constitutional  system, 
taxes  once  granted  cannot  be  repealed  except 
by  the  process  of  constitutional  amendment,  in 
which  case  Prussia  has  a  veto.  The  Liberals 
therefore  demanded  the  creation  of  a  Secretary- 
ship of  Finance,  responsible  to  the  Reichstag,  in 
return  for  the  concession  of  the  necessary  taxes. 
Bismarck,  consistent  in  his  fear  of  parliamentary 
government,  declined  to  work  with  the  Liberals 
under  such  conditions.  Discouraged  and  dis- 
gusted because  of  the  lack  of  harmony  with  the 
leading  party  in  the  Reichstag  and  because  of  his 
defeat  in  the  Bundesrat  in  1875  on  the  question 
of  bringing  all  the  railroads  of  Germany  under 
government  ownership,  he  took  a  long  leave  of 
absence  in  April,  1877. 

[  220] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

During  his  absence  from  official  duties  he  made 
up  his  mind  either  to  bind  the  National-Liberals 
closely  to  him  or  find  his  support  in  the  Cleri- 
cals and  Conservatives,  who  were  beginning  to 
weaken  in  their  opposition  to  him.  First  he 
offered  a  portfolio  to  Bennigsen,  the  leader  of 
the  National-Liberals.  He  was  willing  to  ac- 
cept only  on  the  condition  that  another  liberal 
leader  be  given  a  portfolio,  in  order  to  insure 
a  liberal  policy  on  the  part  of  the  government. 
Bismarck's  plan,  however,  was  just  the  opposite, 
namely  to  make  the  National-Liberals  Conser- 
vatives. Moreover,  Bennigsen  and  his  party 
objected  to  the  introduction  of  a  government 
tobacco  monopoly  planned  by  the  Chancellor. 
Bismarck  then  took  decisive  action.  The  three 
liberal  Ministers  in  the  Prussian  Cabinet  were 
replaced  by  more  conservative  men,  and  hence- 
forth no  bills  of  a  liberal  character  were  in- 
troduced by  the  government.  In  the  elections 
of  1878  the  government  did  not  support  the 
National-Liberals  with  its  prestige,  and  while  no 
announcement  had  been  made,  everybody  knew 
that  a  breach  had  taken  place.  The  result  was 
a  loss  of  twenty-nine  seats  for  the  National- 
Liberals.  The  time  of  their  hegemony  had 
passed.  The  two  conservative  groups  returned 
more  members  than  the  National-Liberals,  and 
the  Clericals  almost  as  many. 

Let  us  return  for  the  moment  to  the  Social- 
Democrats  and  the  anti-socialistic  policy  of 

[221] 


GERMAN  GOVERNMENT  AND  POLITICS 

The  rise  Bismarck.  In  the  year  1848  the  "Communist 
social-  Manifesto"  of  Marx  and  Engels  had  been  pub- 
Demo-  lished.  It  concluded  with  the  famous  words: 
^£  "The  ruling  classes  may  tremble  in  case  of  a 
communistic  revolution!  The  proletarians  have 
nothing  to  lose  but  their  chains.  They  have 
a  world  to  win.  Proletarians  of  all  countries 
unite!"  But  the  union  of  communists  founded 
on  the  principles  of  the  Manifesto  ceased  to  exist, 
and  in  1854  all  clubs  of  workingmen  in  Germany 
were  dissolved.  May  23,  1863,  can  be  given  as 
the  birthday  of  the  modern  Social-Democratic 
party  in  Germany.  It  was  the  date  of  the  foun- 
dation of  the  German  Workingmens'  Union  by 
the  brilliant,  active  Ferdinand  Lassalle.  After 
his  death  in  1864,  a  period  of  struggle  began 
within  this  union.  For  the  Constitutional  Con- 
vention of  1866  a  program  was  put  forth,  the 
Erfurt  program,  but  only  40,000  votes  were 
given  for  all  the  socialist  candidates  and  not  one 
was  elected. 

The  first  Reichstag  of  the  German  Empire  saw 
only  two  socialist  members.1  In  1875  the  in- 
ternal struggle  between  the  more  nationalistic 
and  opportunist  followers  of  Lassalle  and  the 
international,  revolutionary  party  was  settled  at 
the  Congress  of  Gotha.  Meanwhile  in  the  elec- 
tions of  1874,  the  number  of  votes  for  socialist 
candidates  had  increased  to  351,670,  and 
nineteen  members  had  been  elected  to  the 

1  Bebel  and  Schraps. 
[222] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

Reichstag.      Germany    became    excited    and    ex- 
tremely nervous. 

At  that  date  fears  were  entertained  of  Social- 
ists which  have  since  been  allayed.  They  had 
not  settled  down  to  a  definite  policy.  The  belief 
in  revolution  and  the  use  of  force  was  prevalent. 
The  general  public  confused  them  with  their 
greatest  opponents,  the  anarchists  of  action,  and 
regarded  them  as  half-devils.  Above  all,  Bis- 
marck, the  builder  and  pilot  of  the  ship  of  state 
was  nervous  in  the  fear  that  this  destructive 
element  would  destroy  his  great  work.  Instead 
of  following  the  advice  of  the  so-called  "  So- 
cialists of  the  Chair,"  who,  much  after  the 
fashion  of  Progressives  in  the  United  States,  ad- 
vocated social  reforms  as  the  only  way  to  stop 
the  socialistic  flood,  he  applied  to  them  the  same 
methods  which  he  had  used  unsuccessfully 
against  the  Clericals.  In  1875  he  proposed  in 
the  Reichstag  a  bill  to  punish  spoken  or  printed 
attacks  on  the  state.  The  clauses  affecting 
Socialists  gave  so  much  discretionary  power  to 
the  administration  that  the  National-Liberals 
and  even  some  of  the  Conservatives  voted  against 
them.  When  in  1878  after  an  attempt  at  violence 
on  the  old  Kaiser,  Bismarck  tried  to  have  an 
"exception"  law,  or  piece  of  special  legislation, 
passed  to  suppress  the  Social-Democrats,  he  was 
again  defeated  by  the  National-Liberals  in  the 
Reichstag.  A  second  attempt  on  the  life  of  the 
Kaiser  in  the  same  year,  made  this  time  by  a 

[223] 


GERMAN  GOVERNMENT  AND  POLITICS 

man  who  confessed  to  be  a  Socialist,  gave  the 
Chancellor  the  opportunity  to  dissolve  the 
Reichstag  with  the  result  shown  above. 

Although  there  was  still  no  open  breach  with 
the  old  government  party,  and  the  exception  law 
NO  ma-      had  been  passed  in  a  modified  form  with  its  assist- 
jority,        ance,    Bismarck   had  now  made  his  peace   with 
Clericals     the  Clericals,  and   depended  mainly  on  them  and 
holding      the   Conservatives.     In   February,    1879,   he  in- 
baiance      troduced  into  the  Reichstag  a  bill  for  a  protective 
of  power     tariff.     Like  most  European  scientists  and  states- 
men, Bismarck  had  been  a  believer  in  free  trade. 
Intro-        A  change  of  opinion,  however,  had  been  taking 

duction  I  ' 

of  the  place  among  the  German  economists,  especially 
protect-  on  account  of  the  weak  condition  of  the  young 
industry  of  the  Empire.  Bismarck,  like  many 
economists,  was  influenced  by  the  experience  of 
the  United  States  as  a  country  of  rapidly  progress- 
ing industry,  which  he  ascribed  to  its  system  of 
high  protection.1  At  the  same  time  the  customs 
duties  offered  an  enormous  source  of  income  which 
Bismarck  needed  badly,  all  his  plans  to  find  suffi- 
cient financial  support  for  the  imperial  govern- 
ment having  failed.  The  parties  which  up  to 
that  time  had  all  believed  in  free  trade  divided 
again  upon  this  issue.  The  Conservatives  became 

1  "For  the  abstract  teachings  of  science  in  this  connection 
I  care  not  a  straw.  I  base  my  opinion  on  experience,  the 
experience  of  our  own  time.  I  see  that  protectionist  countries 
are  prospering,  that  free  trade  countries  are  retrograding." 
Bismarck  in  a  speech  in  the  Reichstag  of  May  2,  1879. 

[224] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

advocates  of  protection;  the  Liberals  and  the  So- 
cialists continued  to  oppose  it.  The  National- 
Liberals  and  the  Clericals  split  among  themselves. 
Bismarck  made  further  concessions  to  the  Clericals 
for  their  support  of  his  policy,  since  Bennigsen 
could  not  promise  that  all  National-Liberals 
would  follow  him.  When  the  final  vote  was 
taken,  a  small  part  of  the  National-Liberals  voted 
for  the  protective  tariff  and  separated  from  the 
party  as  the  "Liberal  Group." l  In  the  year 
1880  the  left  wing  split  from  the  National- 
Liberals  as  a  consequence  of  differences  on  com-  Liberal 
mercial  policy,  and  formed  a  party  of  liberal  Parties 

r  .  .     .  .          and  their 

free  traders,  the  Liberate  Vereinigung  (Lib-  future 
eral  Union)  or  Secessionists.  These  secessionists 
united  in  1884  with  the  Old-Liberals,  but  sepa- 
rated again  in  1893.  The  older  more  radical  party 
took  the  name  Free  Thinking  People's  Party 
(Freisinnige  Volkspartei),  while  the  more  moder- 
ate faction  gave  itself  the  name  of  the  Free  Think- 
ing Union  (Freisinnige  Vereinigung}.  These  two 
parties  together  with  the  South-German  People's 
Party  (Sud-Deutsche  Volks-partei)^  a  particularistic 
democratic  party  in  South  Germany,  united  in 
1910  as  the  Progressive  People's  Party  (Fort- 
schrittliche  Folkspartei)  so  that  now  there  exists 
essentially  one  Liberal  Party  of  the  Left. 

We  have  briefly  shown  in  the  foregoing  the 
complete  breaking  of  the  formerly  commanding 

1  There  were  fourteen  members,  but  only  one  was  returned 
at  the  next  elections,  and  so  this  faction  ceased  to  exist. 

[225] 


GERMAN  GOVERNMENT  AND  POLITICS 

power  of  the  National-Liberals.  The  rest  of  the 
party  under  Bennigsen  continued  to  support 
Bismarck,  voting  in  1880  for  the  prolongation 
of  the  anti-socialistic  law  and  for  the  "Septen- 
nate,"  i.e.,  the  bill  fixing  the  size  of  the  army  for 
seven  years.  The  Clericals  for  whom  Bismarck 
partly  had  sacrificed  the  National-Liberals  and 
to  whom  he  had  made  concession  after  conces- 
sion, did  not  prove  to  be  faithful  allies,  and  took 
in  general  a  hostile  attitude  under  the  leadership 
of  Windthorst.  It  was  often  extremely  difficult 
for  the  government  to  obtain  a  majority.  There 
was  no  compact  following  behind  Bismarck  and 
his  party  policy  had  to  be  made  for  each  measure. 
There  was  constant  lack  of  harmony  between 
the  government  and  the  Reichstag.  A  conflict 
more  than  ordinarily  serious  led  to  the  dissolution 
of  the  Reichstag  in  1887.  Boulanger's  cry  of 
revenge  for  Alsace-Lorraine  and  French  prepara- 
tions for  war,  made  a  prolongation  of  the  Sep- 
tennate  and  an  increase  of  the  army  desirable. 
But  the  Liberals  of  the  Left,  the  Center  and  the 
Social-Democrats  ridiculed  the  imminent  danger 
of  a  war,  and  in  spite  of  all  the  effort  of  Bismarck 
to  unite  the  German  representative  body  against 
the  menace  from  the  west,  the  majority  of  the 
Reichstag  voted  against  the  project  of  the  gov- 
ernment. 

The  elections  to  the  new  Reichstag  took  place 
under  the  greatest  excitement.  The  government 
exerted  all  its  prestige  for  the  election  of  the  Con- 

[226] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

servative  and  the  old  National-Liberal  candidates.  IMT- 

Never  before  had  such  a  percentage  of  voters  par-  189°- 

ticipated  in  an  election.   The  result  was  a  Reichstag  cartel  » 

with  a  solid  government  majority  for  the  Septen-  Relchs- 

TL  n    •   7  I          •«•         •  to«-  Coa- 

nate.     ihe  new  Reichstag  was  the  willing  mstru- 


ment  of  Bismarck.     With  its  help  he  increased    Conserv- 
the  legislative  period  from  five  to  three  years.         Free 
Bismarck  greatly  modified  his  policy  towards    Conserv- 


the  Social-Democrats  during  the  eighties.     By  the   and 
adoption   of  "State   Socialism,"    the   passage   of   National 

,  .  Liberals. 

laws   for  compulsory  insurance  of  workmgmen,  The 

he  sought  to  remove  the  causes  of  their  opposition  SePten- 

as  far  as  they  seemed  to  him  justified.     On  the  Ana- 

other  hand,  he  continued  to  use  repressive  meas-  Soclallst 

•  L    •  •  U    •      1       J  leglsla- 

ures,  destroying  their  press,  putting  their  leaders  turn 
in  prison  or  exiling  them  for  seditious  speeches, 
suppressing  their  meetings,  etc.  The  result  was 
the  same  as  in  the  case  of  the  Kulturkampf.  As 
martyrs  they  gained  strength  from  the  admira- 
tion of  the  multitude,  became  more  fanatical 
and  more  solidly  organized.  With  the  excep- 
tion of  the  elections  of  1887  the  party  grew  stead- 
ily. The  Chancellor,  instead  of  changing  his 
unsuccessful  policy,  introduced  new  anti-socialist 
laws  after  the  termination  of  the  period  of  the 
"  Exception  laws"  in  1889.  The  National-Liberals 
who  in  principle  were  opposed  to  these  laws 
assisted  the  Clericals  and  Liberals  of  the  Left 
to  amend  them  so  as  to  make  them  less  severe, 
much  against  Bismarck's  desire.  For  yet  other 
1  A  cartel  is  a  combination  of  party  groups  —  a  bloc. 

[227] 


GERMAN   GOVERNMENT  AND   POLITICS 

reasons  the  Conservatives  voted  against  them  at 
the  last  reading  in  January,  1890,  and  the  whole 
bill  was  rejected. 

At   this  juncture   the   term  of  the   Reichstag 

expired   and   new   elections  took  place.      These 

elections  returned  to  the  Reichstag  only  a  min- 

The  ority  of  the  cartel  parties  which  had  supported 

Conserv-    Bismarck.     This  loss  of  control  over  the  Reichstag 

clerical      was  one  of  the  reasons  which  contributed  to  the 

bloc          fall  of  Germany's  first  Chancellor.1 

The  refusal  of  the  Liberals  to  vote  for  a  bill  in- 
creasing the  strength  of  the  army,  forced  Caprivi, 
the  new  Chancellor,  to  seek  support  first  from 
the  Conservatives  and  Clericals.  He  therefore 
made  new  concessions  to  the  Clericals,  restoring 
to  the  Catholic  Bishops  the  revenues  withheld 
during  the  Kulturkampf  by  a  bill  passed  in  the 
Prussian  Landtag.  The  old  enemies  of  the  Cleri- 
cals, the  National-Liberals,  who  were  joined  by 
the  Free  Conservatives,  were  ineffectual  in  their 
opposition.  Caprivi,  however,  proved  to  be  just 

.     ,  j  r     '         ,0  •  i 

as  independent  or  the  Conservatives  as  he  was 
treaties      of  the  Liberals.     At  the  end  of  1891   he  intro- 
duced   a   series   of  reciprocity   treaties   favoring 
industry,    a   truly  liberal    economic    policy.     In 
spite  of  the  opposition  of  the  Agrarian  element 
in    the    Conservative    party    the    treaties    were 
passed  in  the  Reichstag  by  a  large  majority.     An- 
Educa-       other  victory  of  the  Liberals,  not  due,  however, 

tion  Bill  .  i       •          i         r>  •  r>      1- 

to   their   strength    in   the   Prussian    Parliament, 

1  Cf.  pp.  95-9& 
[228] 


commer- 


PARLIAMENTARY  HISTORY  OF  GERMANY 

was  the  failure  of  the  education  bill  of  1892, 
which  would  have  afforded  to  the  clergy  of  the 
different  denominations  the  right  of  giving 
religious  instruction  in  schools.  The  Govern- 
ment had  first  strongly  advocated  this  bill 
presented  by  it  to  the  Prussian  Landtag.  Con- 
servatives representing  the  orthodox  Protestants, 
and  Clericals  welcomed  it  heartily,  but  the 
country  at  large  objected  very  strongly  to  its 
passage,  so  that  the  government  finally  withdrew 
the  measure.  The  Conservatives  and  Clericals 
were  extremely  dissatisfied  with  the  government 
and  showed  their  attitude  on  several  occasions. 
On  May  6,  1893,  the  project  of  the  government 

to  increase  the  size  of  the  army  and  decrease  the   Army 

r         •      r  j      i    ir  Bm°f 

term  of  service  from  two  and  a  halt  to  two  years   1393 

was  rejected  by  the  Reichstag  against  the  votes 
of  the  Conservative  parties,  the  National-Lib- 
erals and  a  few  Clericals.  The  Reichstag  was 
immediately  dissolved.  The  new  Reichstag  ac- 
cepted the  changed  project  of  the  government, 
the  nineteen  Poles  voting  in  favor  of  the  bill  in 
return  for  the  conciliatory  policy  of  the  Kaiser. 
However,  the  government  majority  was  very 
small  and  by  no  means  firm  in  its  support  of 
Caprivi.  Soon  it  became  necessary  for  the  gov- 
ernment to  turn  again  to  the  Clericals  for  support. 
After  a  very  short  interval  the  Blue-Black  Bloc,1 
the  union  between  Conservatives  and  Clericals, 

1  So  called  because  blue  is  the  color  of  the  Conservatives 
and  black  that  of  the  Clericals. 


GERMAN  GOVERNMENT  AND  POLITICS 

was  again  leading  in  the  Reichstag,  and  remained 
in  this  position  throughout  the  chancellorships 
of  Hohenlohe-Schillingsfiirst  and  Billow  until 
1907.  The  elections  of  1903  reduced  the  bloc  to 
a  majority  of  but  one.  However,  in  all  important 
national  questions  Billow  could  count  on  the 
support  of  the  National-Liberals. 

Then  came  the  year  1907.     The  Clerical  party 
Breach       had  aDUSed  its  power  and  had  repeatedly  forced 

with  the  .... 

clericals,    the  government  in  turn  for  its  support  to  grant 
*907-         it  special  favors,  especially  in  regard  to  the  Cath- 

Decrease  F  5    .      . 

of  the  one  church.  It  was  an  unpatriotic  policy  or 
bargaining,  of  Kuhhandel  ("cow-trading")  as 
cratic  the  German  political  phrase  has  it.  It  was  a 
party  dangerous  policy  for  the  government  to  depend 
on  elements  so  unreliable  which  look  first  ultra 
monies?  over  the  Alps,  and  regard  the  father- 
land as  of  secondary  importance.  When  there- 
fore the  Center  refused  to  vote  the  necessary 
money  to  put  down  the  rebellion  of  natives  in 
Southwest  Africa  and  thereby,  in  alliance  with 
the  Social-Democrats,  defeated  the  government, 
the  Reichstag  was  dissolved.  The  motto  of  the 
government  was  "The  fatherland  first,  the  party 
second!  Against  Center  and  Socialists!"  Never 
before  had  Germany  shown  such  an  interest  in 
an  election.  Artists,  professors,  philistines,  who 
had  never  cared  to  vote,  became  enthusiastic 
partisans.  All  the  parties  united  to  defeat  the 
Clericals  and  the  Social-Democrats  on  the  first 

1  Therefore  they  are  often  called  Ultramontanen. 
[230] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

ballot  if  possible.  Without  any  reserve  they 
united  at  the  second  election  (Stichwahl).  When 
the  result  of  the  election  showed  a  majority 
of  conservative  and  liberal  groups,  joy  was 
unlimited.  At  midnight  a  crowd  of  thousands 
of  citizens  marched  to  the  Imperial  Palace  in 
Berlin  and  greeted  the  Kaiser  with  enthusiasm 
equal  only  to  that  of  the  day  of  the  declaration 
of  war  against  France  in  1870.  The  Kaiser  ad- 
dressed the  jubilant  crowd  with  the  following 
words:  "Gentlemen,  I  thank  you  for  your  ova- 
tion. To-day  all  of  you  have  put  your  hands  to 
the  work,  and  have  proved  the  word  of  the  Im- 
perial Chancellor,  'Germany  can  ride,  if  she  cares 
to.'  I  hope  this  will  be  true  not  only  to-day  but 
also  in  the  future.  If  men  of  all  ranks  and  faiths 
stand  together,  we  can  ride  down  all  those  who 
block  our  path."  1 

The  elections  however  did  not  break  the  power 
of  the  Clericals,  against  whom  in  particular  the 
fight  had  been  made.  On  the  contrary,  they 
gained  two  seats.  The  Social-Democrats,  how- 
ever, to  everybody's  surprise  lost  about  half 
their  seats,  although  their  total  number  of  voters 
showed  a  considerable  increase.  This  fact  was 
due  to  the  cooperation  of  the  conservative  and 

1  Quoted  from  L.  E.  Barker,  "  Modern  Germany,"  Chap- 
ter XIV,  p.  322.  This  writer's  presentation  of  the  1907 
election  is,  however,  an  artificial  misconstruction,  made  by  one 
who  sees  in  everything  Germany  does  a  policy  hostile  to 
England. 

[23I] 


GERMAN  GOVERNMENT  AND  POLITICS 

liberal  groups,  to  the  participation  of  patriotic 
men,  who  had  not  been  in  the  habit  of  voting, 
and  to  the  huge  population  of  the  city  constit- 
uencies, resulting  in  socialist  representatives 
having  a  larger  body  of  voters  behind  them 
than  is  the  case  with  other  parties. 

Billow  now   governed   with   a   new   bloc,    the 
1907-        Conservatives    and    Liberals.     But    the    alliance, 

1908.  f  v       •         •  •      • 

The  termed  in  a  moment  ot  enthusiastic  patriotism, 

Conserv-  was  fundamentally  unnatural  and  did  not  last 
Liberal  very  long.  In  1908  the  government  proposed  the 
Alliance  introduction  of  new  taxes,  in  order  to  put  the 
finances  of  the  Empire  upon  a  sound  basis. 
The  project  of  the  government  was  accepted  by 
the  Liberals,  National-Liberals  and  Free  Conserv- 
atives, but  the  Conservatives  refused  to  accept 
under  any  circumstances  the  extension  of  the 
inheritance  tax  to  widows  and  children.  Billow, 
who  saw  his  bloc  destroyed,  resigned,  and  the 
old  bloc  of  the  Conservatives  and  Clericals  came 
again  into  existence. 

Financial  reform  was  achieved  with  the  help 
since         of  tne  Blue-Black  Bloc  in  such  a  way  as  to  benefit 

1908 

landed  capital,  while  industry  and  commerce 
were  taxed  heavily.  The  middle  and  lower  class 
paid  the  larger  part  of  the  new  taxes.  In  ad- 
dition the  cost  of  living  increased  as  in  all 
countries,  and  the  high  tariff  on  necessities  of 
life  was  regarded  as  mainly  responsible  for  this 
increase.  The  government,  however,  refused  to 
modify  the  tariff.  Furthermore  the  independent 
[232] 


PARLIAMENTARY  HISTORY  OF  GERMANY 

element  among  the  Protestants  disliked  the  pre- 
dominance of  the  Clericals.  The  whole  country 
was  extremely  discontented  and  many  predicted 
an  enormous  gain  of  seats  for  the  Social-Democrats 
at  the  approaching  elections  of  1912. 

But  even  the  most  radical  prophets  were  sur- 
prised   by    the    results,    which    gave    the    Social-   Elections 
L.  u         r  ofl912- 

Democrats   the  enormous  number  of   no  seats.    The 

All  the  other  more  important  parties  lost  ground,    National- 
including  even  the  Clericals.     The  old  bloc  lost   the 
47  votes  and  is  no  longer  in  the  majority.     If  the    decidlng 

5         •     l-  -11-  1  •    V         L         T   M  1      faCtOF 

Socialists  were  willing  to  work  with  the  Liberal 
Left  the  passage  of  measures  more  favorable  to 
the  masses,  among  them  a  revision  of  the  financial 
reform  of  1908,  would  be  possible,  provided  of 
course  that  the  Bundesrat  would  give  its  con- 
sent. The  National-Liberal  party  now  holds 
the  balance  of  power  in  the  Reichstag.  Although 
the  situation  is  not  altogether  agreeable  to  the 
government,  it  is  nevertheless  much  better  than 
before  1912.  The  government  finds  it  compara- 
tively easy  to  work  with  the  National-Liberals. 


[233] 


GERMAN  GOVERNMENT  AND  POLITICS 


PARTY  MOVEMENT  AS   SHOWN   BY  STRENGTH 
IN  THE  REICHSTAG 

1871-1912 


Parties    

*7I 

'74 

'77 

'78 

'81 

'84 

'87 

'90 

'93 

'98 

'03 

'°7 

*I2 

Conservatives  

54 

21 

40 

59 

5° 

78 

So 

73 

72 

56 

52 

60 

43 

Free  Conservatives  . 

38 

33 

3S 

56 

2S 

2H 

41 

20 

28 

23 

20 

25 

15 

Anti-Semetics;  .  .  \ 

— 

— 

— 

— 

I 

5 

16 

24 

18 

27 

H 

Center  (Clericals)   .  . 

58 

91 

93 

93 

93 

99 

9^ 

1  06 

96 

102 

IOO 

104 

93 

Poles,  Alsace-Lor- 

raine representa- 

tives,     Guelphs,    • 

21 

33 

28 

35 

43 

42 

32 

37 

37 

33 

3i 

28 

30 

Bavarian     Farm- 

ers Union  

National   Liberals  \ 
and  Allies            .  J 

150 

152 

127 

98 

45 

50 

99 

42 

53 

47 

50 

56 

44 

Liberals  of  the  Left  . 

47 

S° 

48 

34 

114 

74 

3- 

76 

43 

50 

36 

5° 

45 

Social-  Democrats  .  .  . 

i 

IQ 

12 

9 

12 

24 

n 

35 

44 

56 

81 

43 

I  10 

Independents  

28 

8 

II 

13 

7 

2 

3 

3 

3 

6 

9 

4 

3 

SELECTED  BIBLIOGRAPHY 

LICHTENBERGER,  H.  "Germany  and  its  Evolution  in  Mod- 
ern Times,"  Chapter  V  (The  German  Empire  and  her 
Home  Policy). 

BULOW,  B.  VON.  "Imperial  Germany,"  Part  II  (Home 
Policy). 

LOWELL,  A.  L.  "Government  and  Parties  in  Continental 
Europe,"  Vol.  II,  pp.  8  ff. 

OGG,  F.  A.     "The  Government  of  Europe,"     pp.  229  ff. 

BARKER,  J.  E.  "Modern  Germany,"  Chapters  XVIII  and 
XIX. 


[234] 


CHAPTER  XVIII 

GERMANY'S    FOREIGN    POLICY 
SINCE    1871 


G 


ERMANY  has  become  great  through  the   1871~ 
army.     Experience  has  taught  her  through   The 


many  sad  lessons  that,  in  view  of  its  unfortunate  devel°p- 
location,  the  peace  and  glory  of  the  Empire  can  Germany 
be  preserved  only  by  the  maintenance  of  a  strong  as  the 

.  •!•  r  lending 

army.     A   strong   military   force   has   been    the    state  in 
basis  for  Germany's  foreign   policy.     The    Sep-   Eur°Peai» 
tennate, l  therefore,  as  well  as  most  of  the  sub-   macy 
sequent  military  legislation  is  to  be  remembered 
in  this  connection.2 

The  aim  of  Bismarck's  diplomacy  was  the  isola- 
tion of  France  so  that  it  could  not  think  of  revenge 
for  Alsace-Lorraine.  For  this  reason  he  cultivated 
a  friendship  with  Austria  and  Russia  and  tried 
to  bridge  over  the  natural  differences  between 
these  last  two  countries.  In  France  Bismarck 
favored  the  republican  form  of  government  be- 
cause a  union  between  autocratic  Russia  and  re- 
publican France  seemed  to  him  quite  impossible. 

In  1875  Germany  experienced  the  first  diplo- 
matic crisis  since  the  Franco-German  War.  In 
that  year  France  reorganized  her  army.  It  seemed 

1  Cf.  p.  227. 

2  See  especially  the  reorganization  of  1887,  p.  226. 

[235] 


GERMAN   GOVERNMENT  AND   POLITICS 

to  the  General  Staff  of  the  German  army  that 
this  reform  which  increased  the  army  by  144,000 
men  was  made  in  preparation  for  the  Revanche. 
Two  leading  papers,  the  "Kolnische  Zeitung"  and 
the  "Post,"  and  several  prominent  men,  among 
them  Moltke,  openly  spoke  of  a  "preventive  war." 
Although  the  old  Kaiser  declared  to  the  French 
military  attache  that  there  was  no  danger  of  a 
war  from  the  side  of  Germany,  the  French  gov- 
ernment nevertheless  tried  to  create  the  impression 
at  the  courts  of  Vienna,  London  and  Russia  that 
Germany  was  menacing  the  peace  of  Europe. 
After  a  conference  between  Bismarck  and  Gort- 
chakofF,  that  Russian  statesman,  who  in  his 
measureless  vanity  liked  to  pose  as  peace-angel, 
wrote  to  his  ambassadors:  "The  peace  is  as- 
sured," 1  and  France  lost  its  artificially  created 
nervousness. 

Later  on  in  the  same  year  a  revolt  of  the  Chris- 
tians in  Herzegovina  broke  out.  The  pan-slavis- 
tic  element  of  Russia  tried  to  push  the  Russian 
government  into  a  war  with  the  Sultan,  but 
the  Russian  government  was  justly  afraid  of  the 
objection  of  Austria  to  Russia's  preponderance 
in  the  Balkans.  January  15,  1877,  however,  a 
secret  treaty  was  made,  stipulating  that  Austria 
would  not  interfere  with  Russia's  conquests  in 
the  eastern  Balkans,  but  that  Austria  should  be 
compensated  with  Bosnia  and  Herzegovina.  The 

1  Bismarck,    "Gedanken    und    Erinnerungen,"   Vol.    II, 
p.   174. 
[236] 


GERMANY'S   FOREIGN   POLICY 

Russo-Turkish  War  which  followed  ended  with 
the  peace  of  San  Stefano.  The  terms  of  this 
peace  would  have  dismembered  Turkey  and 
disturbed  the  European  equilibrium  too  much  in 
favor  of  Russia.  England  and  Austria  objected 
and  a  general  European  war  was  imminent.  In 
this  dangerous  situation  Russia  asked  Germany, 
who  had  only  economic  interests  in  Turkey,  to 
bring  about  a  compromise  with  the  other  powers 
of  Europe.  On  June  13,  1878,  the  famous  Berlin 
Congress  was  opened,  in  which  under  the  leader- 
ship of  Bismarck  as  "honest  broker"  the  condi-  . 

of  Berlin 

tions  of  the  Balkans  were  settled  temporarily 
and  a  European  war  was  avoided. 

By  his  honest  work  of  pacification  Bismarck 
earned  nothing  but  ingratitude  from  Russia.  She 
had  expected  that  the  great  Chancellor  would  play 
the  role  of  an  umpire  entirely  in  favor  of  Russia. 
But  although  Germany  was  frequently  opposed 
to  the  radical  desires  of  England  and  the  other 
powers  against  Russia,  she  nevertheless  did  not 
act  as  the  servant  of  Russia  in  her  Eastern  policy, 
and  she  supported  Austria  in  her  just  claims  to 
the  regulation  of  the  Serbian  boundary  and  the 
possession  of  Bosnia.  The  result  was  an  indig- 
nant letter  from  Czar  Alexander  II  in  which  he 
placed  Germany  in  the  alternative  of  either  sup- 
porting Russia  completely  or  of  breaking  the 
old  friendship  between  the  two  countries.  Only 
Bismarck's  masterful  diplomacy  saved  Germany 
her  valuable  friendship  in  this  crisis.  First 

[237] 


GERMAN  GOVERNMENT  AND  POLITICS 

of  all  he  gave  Russia  to  understand  that  a 
union  with  her  was  not  an  absolute  necessity  for 
Germany.  To  do  this,  he  concluded  on  October 
7,  1879,  an  alliance  with  Austria.  The  treaty 
Austri*11"  declared  tnat  its  purpose  was  the  consolidation 
Alliance  of  peace  in  Europe.  If,  however,  either  power 
should  be  attacked  by  Russia,  it  was  to  be  the 
duty  of  the  other  to  come  to  the  help  of  her  ally. 
In  case  of  war  with  other  nations  the  stipulators 
were  obligated  to  friendly  neutrality.  November 
4,  Kaiser  William  communicated  the  contents 
of  the  treaty  of  alliance  to  Czar  Alexander  II, 
emphasizing  its  peaceful  intentions.  The  im- 
pression which  this  treaty  made  in  Petersburg 
was  excellent.  Russia's  policy  towards  the  allied 
powers  ceased  to  be  commanding  and  aggressive, 
and  the  Czar  sought  to  be  on  better  terms  with 
this  strong  alliance.  At  the  same  time  it  created 
again  a  close  union  between  the  two  naturally 
friendly  nations  of  Austria  and  Germany. 

Bismarck's  desire  was  now  to  continue  to  pre- 
vent France  from  carrying  on  a  war  of  revenge 
against  Germany.  When  therefore  in  1881  the 
French  Ambassador  in  Berlin  asked  if  Germany 
had  any  objection  to  the  conquest  of  Tunis  by 
France,  he  replied  that  Germany  would  not  inter- 
fere in  French  policy  outside  of  Europe.  His 
desire  was  to  withdraw  the  attention  of  the  French 
people  from  Alsace-Lorraine.  The  conquest  of 
Tunis,  regarded  by  the  Italians  as  an  "old  African 
province,"  and  settled  by  20,000  Italians,  drove 
[238] 


GERMANY'S  FOREIGN   POLICY 

Italy  to  the  side  of  the  enemies  of  France.  May 
20,  1882,  Italy  joined  the  German-Austrian  alii- 
ance,  thus  creating  the  Triple  Alliance,  first  for  a  Alliance 

term  of  five  years,  after  1891  for  twelve  years.   {    ji~ 

A          i  •  r    L  •  ""fl 

At  each  successive  expiration  or  the  treaties  the  issa 

Triple  Alliance  has  been  renewed. 

After  Bismarck  had  successfully  rebuffed  Rus- 
sia's arrogance,  he  began  again  to  seek  Russia's 
friendship,  but  on  a  different  basis.  He  did  every- 
thing in  his  power  for  the  reestablishment  of  the 
old  sympathetic  relation.  In  spite  of  the  antago- 
nism between  Austria  and  Russia  in  their  Balkan 
policy  Bismarck  brought  about  a  secret  treaty 
signed  March  21,  1884,  between  Austria,  Russia 
and  Germany,  in  which  the  allied  powers  agreed 
to  observe  friendly  neutrality  in  case  of  an  attack 
from  some  other  power.  From  the  point  of  view 
of  Russia  this  treaty  was  directed  against  Eng- 
land from  that  of  Germany  against  France.  This 
constellation  of  alliances  was  Bismarck's  greatest 
diplomatic  masterpiece  after  1871.  "After  con- 
cluding the  Triple  Alliance  against  Russia  —  and 
France,  —  Bismarck  accomplished  the  stroke  of 
genius  of  getting  Russia  to  guarantee  it."1  The 
diplomacy  of  Bismarck  had  reached  its  climax; 
it  now  ruled  Europe.  Germany  with  Austria  as 
a  strong  first-class  ally,  with  two  friends  of  the 
second  class,  Italy  and  Russia,  was  completely 
secure  and  the  natural  arbiter  of  European 
politics. 

1  A.  Tardieu,   "France  and  the  Alliances,"  p.  136. 

[239] 


GERMAN   GOVERNMENT  AND   POLITICS 

In  1887  the  "Counter-Reassurance"  between 
the  three  Emperors  expired,  and  Austria  declined 
to  renew  it,  because  of  her  differences  with  Russia 
in  regard  to  the  Eastern  question.  Bismarck, 
however,  succeeded  in  concluding  at  least  a  treaty 
between  Russia  and  Germany,  which  guaranteed 
him  the  non-existence  of  a  Franco-Russian  alli- 
ance. Bismarck  was  on  friendly  terms  with  Eng- 
land after  he  had  secured  the  African  colonies 
for  Germany  against  England's  protest  and  after 
the  Kongo  Conference.  When  he  resigned  in 
1890,  Germany  undoubtedly  had  the  hegemony 
in  European  diplomacy. 

The  successor  of  Bismarck,  Count  Caprivi, 
destroyed  in  a  short  time  the  great  structure 
The  rise  erected  by  the  first  Chancellor.  To  what  extent 
of  the  {.fog  yOung  Kaiser's  influence  was  responsible  for 
Alliance  Germany's  diplomatic  decline  cannot  yet  be  com- 
andthe  pletely  determined.  It  is  certain,  however,  that 

Triple  y        .  ' 

Entente  he  was  in  general  the  guiding  spirit  or  Ger- 
man diplomacy.  The  first  result  of  the  "new 
course"  was  the  dissolution  of  the  intimate  friend- 
ship with  Russia.  The  government  said  that  its 
reasons  for  giving  up  the  Russian  alliance  were 
that  the  whole  situation  was  too  complicated  — 
indeed  a  skilful  diplomat  was  required  to  handle 
the  different  alliances  correctly — and  that  the  re- 
lations between  Austria  and  Russia  had  become  so 
strained  that  Germany  had  necessarily  to  give  up 
Russia  in  order  to  preserve  its  loyalty  to  Austria. 
Russia  was  without  any  real  necessity  isolated  by 
[240] 


GERMANY'S  FOREIGN  POLICY 

Germany.  Just  as  needless  at  that  time  seemed  to 
be  the  English  friendship  which  Caprivi  and  the 
young  Kaiser  now  wished  to  replace  for  that  of 
Russia.  This  change  in  German  diplomacy  be- 
came clear,  when  Germany  and  England  concluded 
a  treaty  on  July  I,  1890,  by  which  Heligoland  was 
ceded  to  Germany,  while  the  boundary  line  in 
East-Africa  was  settled  to  the  great  advantage 
of  England.  Many  of  the  statesmen  and  political 
writers  at  that  time  believed  that  the  African 
explorer,  Stanley,  was  right  when  he  said:  "Eng- 
land received  a  new  suit  for  a  trouser-button," 
and  it  seemed  to  them  as  if  concessions  had  been 
made  to  England  which  were  unnecessary,  unless 
the  politique  grande  had  something  to  do  with  it. 
To-day  there  is  nobody  who  denies  that  this  ex- 
change was  a  master  stroke  of  German  diplomacy. 
The  immediate  result  of  this  new  policy  was  the 
Franco-Russian  Alliance.  The  idea  of  this  al-  \  iDual 

Alliance 

liance  was  not  new.  It  had  been  the  dream  of 
many  a  French  statesman  and  in  Russia  it  had 
many  friends  and  advocates,  especially  Gort- 
chakoff,  and  the  Pan-Slavists,  who  were  jealous 
of  Germany  and  believed  that  a  strong  France  was 
necessary  for  European  equilibrium.1 

As  early  as  1887  an  open  breach  between  the 
governments  of  Germany  and  Russia  seemed 

1  Gortchakoff's  policy  in  the  year  1875  had  been  influenced 
by  his  personal  jealousy  of  Bismarck,  and  the  liking  felt  for 
France  by  the  Pan-Slavists.  See  Blum,  H.,  "Bismarck  und 
seine  Zeit,"  Vol.  VI,  pp.  175  ff.,  and  Vol.  V,  pp.  230  fF. 

[241] 


GERMAN  GOVERNMENT  AND   POLITICS 

inevitable,  and  it  was  only  avoided  through  Bis- 
marck's skilful  diplomacy.  In  the  spring  of  that 
year  a  tariff  war  broke  out  between  Russia  and 
Germany,  which  created  a  bitter  feeling  in  both 
countries.  The  tension  was  increased  by  the 
attempt  of  the  Czar's  government  to  Russify 
by  force  the  German-Russians  in  the  Baltic 
provinces.  In  January,  1888,  the  Russian  gov- 
ernment asked  the  German  Imperial  Bank  for  a 
loan,  which  was  refused.  Thereupon  a  French 
syndicate  offered  to  subscribe  for  the  loan.  The 
offer  was  accepted  and  in  the  years  1889  and  1891 
other  loans  followed.  This  action  showed  the 
friendly  sentiment  of  the  French  people  for  Russia 
and  created  a  solid  financial  basis  for  the  future 
alliance.  Tardieu  estimates  the  entire  amount 
of  Russian  loans  in  France  at  twelve  billion  francs. 
The  alliance  between  the  two  powers  was  con- 
cluded August  22,  1891.  German  diplomats,  in 
the  vain  confidence  of  superiority,  made  the  mis- 
take of  ridiculing  it  as  a  comedy  and  nothing  but 
the  relation  of  a  creditor  to  his  debtor.  But 
they  soon  saw  their  mistake.  The  meaning  of 
the  creation  of  the  Franco-Russian  Alliance  was 
that  the  time  of  Germany's  hegemony  was  over, 
the  balance  of  power  was  reestablished  in  Europe. 
Andre  Tardieu,  an  interesting,  patriotic  and  at 
the  same  time  sufficiently  cool  writer  on  diplo- 
macy, says:  "The  Franco-Russian  Alliance  in- 
sured us  in  Europe  a  moral  authority  which, 
since  our  defeats,  had  been  wanting  to  us.  It 
[242] 


GERMANY'S  FOREIGN  POLICY 

augmented  our  diplomatic  value.  It  opened  to 
us  the  field  of  political  combinations,  from  which 
our  isolation  had  excluded  us.  From  mere  ob- 
servations, we  could  pass  to  action,  thanks  to  the 
recovered  balance  of  power." *  Prince  Biilow  said 
in  1902  to  Mr.  Tardieu:  "The  Triple  Alliance 
and  the  Dual  Alliance  are  the  chief  supports  of 
the  European  balance  of  power."  "This  was," 
continues  Tardieu,  "implicitly  admitting  that 
until  the  latter  was  an  accomplished  fact,  the 
equilibrium  did  not  exist." 

The  Dual  Alliance  has  several  times  shown  its 
strength  as  a  powerful  factor  in  European  di- 
plomacy. Germany  understood  fully  what  Mr. 
Tardieu  meant,  when  he  said:  "Let  us  once  again 
repeat  that  one  has  only  to  look  at  a  map  to  be 
convinced  that,  in  a  Continental  war,  Russia 
alone  would  be  able  to  immobilize  part  of  our 
adversaries'  forces  —  and  reciprocally."  z 

The  period  following  the  creation  of  the  Franco- 
Russian  Alliance  was  a  time  of  general  peace.  It 
was,  however,  an  armed  peace.  Every  nation 
continued  to  increase  her  army.  England  was  in 
general  friendly  to  the  Triple  Alliance,  but  did 
not  show  any  intention  to  join  it.  She  believed 
in  her  so-called  policy  of  "splendid  isolation." 
The  balance  of  power  on  land  was  not  of  such 
great  importance  to  her  as  her  preponderance  on 
the  ocean. 

1  A.  Tardieu,  ibid.,  pp.  13-14. 

2  A.  Tardieu,  ibid.,  p.  34. 

[243] 


GERMAN   GOVERNMENT  AND   POLITICS 

With  Prince  Hohenlohe's  chancellorship,  Ger- 
many gradually  returned  to  Bismarck's  diplomatic 
1  principles  and  began  to  develop  her  world-policy 
noseki,  fully.  In  the  peace  of  Shimonoseki  between 
Japan  and  China,  April  17,  1895,  the  German 
envoys  together  with  those  of  France  and  Russia 
protested  successfully  against  Japan's  desire  to 
take  the  Liao-tung  peninsula,  including  Port 
Arthur,  from  China.  Japan  was  thus  for  the 
immediate  future  driven  to  the  side  of  England 
and  the  United  States.  During  this  year  began 
the  hostility  between  German  and  English  public 
opinion,  represented  especially  by  the  newspapers, 
and  this  was  increased  by  the  telegram  of  con- 
gratulation which  William  II  sent  to  Kruger  on 
account  of  the  defeat  of  the  Jameson  raid  *  in 
the  year  1896.  But  although  England  became 
more  and  more  hostile  to  Germany,  she  did  not 
show  any  desire  to  join  the  Dual  Alliance,  on  ac- 
count of  the  attitude  of  France  towards  the 
Egyptian  question. 

The  close  of  the  ninteenth  century  saw  a  steady 
and  enormous  increase  of  armies  and  navies. 
In  1898  and  1900  Germany  passed  its  first  naval 
acts  showing  its  serious  determination  to  enter 
the  field  of  world-politics.  In  spite  of  the  fact 
that  public  opinion  of  Germany  and  England 
grew  more  bitter  every  day,  the  relations  of  the 
two  governments  improved  and  were  even  cordial, 

1  It   should   not   be  forgotten   that   the  press  of  France, 
Russia,  and  the  United  States  took  the  same  attitude. 
[244] 


GERMANY'S   FOREIGN   POLICY 

as  could  be  seen  in  the  Samoa  treaties,  the  Ger- 
man concessions  in  regard  to  the  Cape-Cairo 
telegraph  line  passing  through  German  East- 
Africa,  the  strict  neutrality  of  the  German  Gov- 
ernment during  the  Boer  War,  in  spite  of  the 
tremendous  enthusiasm  of  the  German  people  for 
the  Boers,  the  Anglo-German  agreement  in  re- 
gard to  China  in  1900,  and  the  English-German- 
Italian  action  against  Venezuela  in  1902-3.  But 
now  the  English  government  began  to  follow  pub- 
lic opinion  at  home,  to  approach  France,  and  to 
take  a  hostile  attitude  towards  Germany. 

The  main  reason  for  it  was  England's  economic 
jealousy.  While  in  former  times  England's  eco- 
nomic supremacy  was  undisputed  now  the  rapidly 
expanding  commerce  and  industry  of  Germany 
began  to  displace  English  goods  in  the  world  mar- 
ket. The  reports  of  the  English  consuls  created  a 
tremendous  excitement  in  the  business  world  and 
among  the  mass  of  the  people.  As  Tardieu  says: 
"The  economic  menace  was  bound  to  provoke  a 
chronic  state  of  nervousness,  which  soon  developed 
into  an  obsession.  The  English  grew  to  think  that 
Germany's  policy  was  everywhere  aimed  against 
them."  1  Thus  the  creation  of  a  German  navy, 
which  was  officially  stated  not  to  be  aimed  against 
England  directly,2  was  taken  as  a  step  toward 
the  invasion  of  England  and  the  destruction  of  its 
naval  supremacy.  Unfortunately  the  Pan-Ger- 

1  A.  Tardieu,  ibid.,  p.  55. 
1  Cf.  Chapter  V. 

[245] 


GERMAN  GOVERNMENT  AND  POLITICS 

man  Union  and  press,  whose  policy  has  again  and 
again  been  officially  rejected,  did  its  best  to  excite 
English  public  opinion  and  to  create  a  wrong 
impression  in  the  whole  world  about  Germany's 
intentions.  The  power  of  the  Pan-Germans  is 
usually  far  overestimated  to  the  detriment  of 
Germany.1 

The  rapprochement  between  France  and  Eng- 
land was  accomplished  by  the  colonial  agreement 
of  April,  1904.  According  to  this,  France  gave  up 
her  opposition  to  England's  acquisition  of  Egypt 
and  in  turn  France  received  England's  support 
in  her  penetration  of  Morocco.  This  agreement 
settled  also  some  other  differences  of  minor  im- 
portance. It  was  stipulated  that  the  two  sig- 
natories "should  lend  each  other  mutual  help 
diplomatically  for  the  execution  of  the  clauses 
of  the  present  declaration."  Without  any  doubt 
England  won  more  by  this  agreement  than  France. 
"France's  adhesion  to  Great  Britain's  Egyptian 
policy  confirmed  existing  situations  and  con- 
stituted a  real  profit  for  her,  whereas  in  Morocco 
she  granted  to  France  virtual  advantages,  pros- 
pects and  possibilities  only.  France  paid  cash 
down,  England  by  draft."  2 

Here  begin  England's  attempts  to  isolate  Ger- 

1  E.g.,  A.  C.  Coolidge,  in  his  well-known  book  "The  United 
States  as  a  World  Power,"  gives  the  impression  that  he  does 
not  discriminate  between  the  wishes  of  some  extreme  Pan- 
Germanists  and  the  German  people  and  their  government. 

2  Tardieu,  ibid.,  p.  65. 
[246] 


GERMANY'S  FOREIGN   POLICY 


many,    the   so-called    "policy  of  encirclement."    1905-06. 
Germany  had  consented  to  the  Franco-English   Confllct 
agreement  as  far  as  Egypt  was  concerned.     For   Germany 
the  interest  of  her  growing  commerce,  however,   a0*016 
she  had  insisted   that  the  principle  of  the  open   Entente 
door  should  be  recognized  in  Morocco.     Since  the 
French  people  showed  their  intention  to  conquer 
this  country,  which,  without  precautions,  would 
have  excluded  or  at  least  injured  German  commer- 
cial interests,   the  German   Kaiser  undertook  a 
visit  to  Tangier  in  1905.     To  the  representative 
of  the  Sultan  Abdul  Aziz  he  spoke  as  follows: 
"I  hope  that,  under  the  Sultan's  sovereignty,  a 
free   Morocco   will    remain    open    to    the    pacific 
competition    of   all    nations,    without    monopoly 
and  without  annexation,  on  a  footing  of  absolute 
equality.     My  visit   to  Tangier   is   intended   to 
make  known  the  fact  that  I  am  resolved  to  do 
all  that  is  in  my  power  properly  to  safeguard 
the  interests  of  Germany,  since  I  consider  the 
Sultan  as  being  an  absolutely  free  sovereign."  l 

From  these  words,  the  spirit  of  which  has  often 
been    repeated,    Germany's    position  was    defi-   j£*rocco 
nitely  taken  in  opposition  to  the  conquest  of  that  crisis  of 
country.     France    naturally   resisted    Germany's  1 
demand  to  have  the  situation  fixed  by  an  inter- 
national   conference.     At    the   same   time    Ger- 
many demanded  the  dismissal  of  Delcasse,  who, 
as  Minister  of  Foreign  Affairs  since  1898  had  tried 
in  every  way  to  isolate  Germany.     He  was    re- 
1  Tardieu,  ibid.,  p.  177. 

[247] 


GERMAN  GOVERNMENT  AND  POLITICS 

garded  by  all  as  a  constant  menace  to  Germany. 
France  was  in  a  bad  situation.  She  was  entirely 
unprepared  for  a  war  and  her  only  ally  on  the  con- 
tinent, Russia,  was  suffering  defeat  after  defeat 
in  her  war  with  Japan.  The  French  government 
yielded  to  both  demands  of  Germany.  Germany 
had  triumphed,  France  had  suffered  a  great  humil- 
iation. But  instead  of  using  her  first  victory  and 
after  defeating  France  quickly  by  diplomacy  ex- 
cluding her  once  and  forever  from  the  European 
Concert,  Germany  waited  six  precious  months. 
By  that  time  the  situation  had  changed  entirely. 
France  had  prepared  herself  for  a  war;  Russia 
had  recovered  a  little  from  her  defeat,  and  was 
ready  to  come  to  the  help  of  France;  Spain  was 
drawn  closer  to  France;  and  England  joined  the 
other  allies  of  France. 
The  Con-  German  diplomats  in  addition  to  their  former 

ference  of        .        .  ,  ,  ,  .... 

Aigeciras  mistake  made  another  by  not  recognizing  this 
change  and  by  acting  as  if  they  were  the  masters. 
Their  proposals  were  in  general  not  extreme; 
they  were  as  follows:  sovereignty  and  independ- 
ence of  the  Sultan;  the  integrity  of  his  country; 
economic  liberty  without  inequality;  the  utility 
of  police  and  financial  reform,  the  introduction  of 
which  should  be  regulated  for  a  short  period  by 
international  agreement.  France  made  her  coun- 
ter proposals.  The  organization  by  France  and 
Spain  of  an  international  police  in  Morocco  was 
opposed  by  Germany,  but  she  had  to  yield  to  the 
demands  of  France  and  her  allies.  Germany  had 
[248] 


GERMANY'S  FOREIGN   POLICY 

overestimated  her  strength.  Of  the  more  impor- 
tant powers  only  Austria  assisted  her,  while  even 
Italy  voted  with  her  enemies.  Germany,  however, 
had  no  reason  to  blame  Italy,  as  the  Moroccan 
question  was  not  one  of  the  articles  of  the 
Triple  Alliance  but  a  question  of  the  Mediterra- 
nean, and  Germany  had  always  refused  to  support 
Italy  in  her  Mediterranean  policy  simply  because 
of  the  existence  of  the  Triple  Alliance.1  Therefore 
Italy  who  wanted  to  secure  the  consent  of  France 
for  the  imminent  acquisition  of  Tripoli,  had  a 
right  to  act  in  disharmony  with  Germany.  Nor 
did  the  position  which  Italy  took  in  the  Morocco 
question  really  reflect  her  attitude  towards  the 
Triple  Alliance,  for,  as  said  before,  this  question 
was  not  one  of  the  Alliance. 

The  German  government  and  the  people  looked 
at  the  Morocco  question  from  two  points  of  view. 
As  Prince  Billow  said:  "In  the  incidents  which 
have  arisen  during  the  past  six  months  or  so, 
there  are  two  distinct  things  to  consider.  Morocco 
is  the  first;  general  policy  is  the  second.  In 
Morocco  we  have  important  commercial  interests; 
we  intend  and  we  shall  still  intend  to  safeguard 
them.  In  a  more  general  way,  we  were  obliged 
to  reply  to  a  policy  which  threatened  to  isolate 
us  and  which,  in  consequence  of  this  avowed 
aim,  assumed  a  distinctly  hostile  character  with 
regard  to  us.  The  Moroccan  affair  was  the 

1  We  agree  in  this  regard  with  A.  Tardieu,  "La  Con- 
ference d'Algesiras,"  pp.  61-62. 

[249] 


GERMAN  GOVERNMENT  AND  POLITICS 

most  recent  and  most  clearly  manifested  example 
of  such  policy.  It  furnished  us  with  an  opportu- 
nity to  make  a  necessary  retort."  l 

The  following  two  years,  1907  and  1908,  showed 
From         the    partial    success   of   the    attempts    to   isolate 

1906  to 

the  Germany.     She  was  disliked  all  over  the  world, 

outbreak    gne    |ia(j    again  —  on    account    of   her    military 

of  the  riji 

European  strength  —  the  respect  of  everybody,  but  the 
War  love  of  nobody.  The  "  Daily  Telegraph"  affair 2 
increased  the  universal  distrust  of  Germany  and 
her  Kaiser.  Naturally  the  German  government 
more  than  ever  before  refused  to  discuss  vague 
plans  of  disarmament,  which  were  proposed  all 
over  the  world.  On  the  contrary  Prince  Biilow 
declared  in  the  Reichstag  that  "Germany's  arma- 
ments will  be  kept  so  strong  that  no  power  or 
coalition  of  powers  shall  care  to  come  into  con- 
flict with  her." 

At  the  end  of  1908  Austria-Hungary  annexed 

Austrian     Bosnja_Herzegovina,  and  found  in  doing  so  strong 

tion  of       support  from  Germany  against  Russia,  who  tried 

to  back  the  Pan-Serbian  demand  of  compensa- 

govina       tion  for  these  two  provinces.     Russia  finding  no 

support  from  her  allies  and  threatened  with  war 

by  Germany,  finally  had  to  withdraw  her  support 

from    Serbia,    who    alone    was    powerless.     This 

affair  improved  the  diplomatic  prestige  of  Ger- 

1  A.  Tardieu,  ibid.,  p.  190.     Prince  Biilow  in  a  private  in- 
terview with  the  author. 

2  See  pp.  93  ff. 

[250] 


GERMANY'S  FOREIGN  POLICY 

many  and  showed   the  lack  of  cohesion  in  the 
Triple-Entente. 

In  1909  an  agreement  in  regard  to  Morocco 
was  reached  between  France  and  Germany,  by 
which  Germany  recognized  the  special  political 
interests  of  France  in  Morocco,  while  France 
pledged  herself  to  respect  Germany's  commercial 
and  industrial  interests  in  Morocco. 

The  year  1910  was  a  quiet  year.  In  Asia  the 
final  partition  of  Persia  between  England  and 
Russia  began.  As  long  as  her  economic  rights 
were  observed,  Germany  had  no  interest  there.1 
However,  the  economic  interests  of  Germany  in 
Turkey  and  Persia  were  very  great,  especially 
on  account  of  the  Bagdad  railway  scheme.  In  The 
1899  Turkey,  and  a  society  controlled  by  German  Railway 
money  (the  Societe  du  chemin  de  fer  Ottoman 
d'Anatolie)  concluded  a  contract  which  granted 
this  company  the  right  to  build  a  railroad  between 
Konia  and  Basra  through  Bagdad  within  eight 
years.  The  building  of  the  railroad  was  started 
in  1902.  Now  German  capital  which  already 
before  had  been  interested  in  Turkish  enterprises 
began  to  come  in  more  and  more.  The  ties  which 
bound  Turkey  to  Germany  became  stronger  and 
stronger.  As  far  back  as  1883  German  generals 
had  drilled  the  Turkish  army.  Turkish  military 
and  civil  officers  were  trained  in  Germany.  In 

1  Billow,  on  April  30,  1907,  had  said  in  the  Reichstag:  "In 
Persia  Germany  only  claims  freedom  of  movement  in  the 
commercial  sense,  without  any  political  arriere  pensee. 

[251] 


GERMAN   GOVERNMENT  AND   POLITICS 

1898  the  German  Kaiser  visited  Constantinople 
and  Palestine  and  it  was  in  Damascus  that  he 
assured  "His  Majesty,  the  Sultan,  and  the  300, 
Germany  ooo,ooo  Mohammedans,  scattered  about  the 
ottoman  earth"  that  "at  all  times  the  German  Kaiser  is 
Empire  their  friend."  The  Turkish  government  and  the 
people  of  Turkey  had  come  to  realize  that  Ger- 
many alone  of  all  European  powers  had  solely 
economic  interests  in  territory  inhabitated  by 
Mohammedans,  and  that  Germany  was  their 
most  dependable  friend  against  Russian  and 
English  territorial  aggressions.  Germany's  in- 
terests in  a  strong  Asiatic  Turkey  had  become 
so  great  that  Bismarck's  words,  "that  the 
whole  Oriental  question  was  not  worth  the  sound 
bones  of  a  single  Pomeranian  grenadier"  were 
true  no  longer. 

Since  the  partition  of  Persia  could  not  be 
Potsdam  stopped,  Germany  by  the  "Convention  of  Pots- 
a<m  dam,"  recognized  the  Russian  influence  in  North 

Persia;  while  Russia  promised  not  to  hinder  the 
building  of  the  Bagdad  railway.  This  agreement 
for  a  time  improved  the  relations  between  Ger- 
many and  Russia.  The  animosity  between  Eng- 
land and  Germany,  however,  increased  in  spite  of 
many  efforts  on  both  sides  to  improve  the  rela- 
tions existing  between  the  two  countries. 

In  1911   France  proceeded  in  her  conquest  of 

Morocco,   marching    to    Fez   and    thus    violating 

the  Algeciras  conference.     Germany,  being  afraid 

of  losing  everything,  sent  a   gunboat   to   Agadir 

[252] 


GERMANY'S   FOREIGN   POLICY 

after  she  had  in  vain  demanded  compensations  Second 
for  her  rights  in  Morocco.  The  Chancellor  von 
Bethmann-Hollweg  explained  in  the  Reichstag  as 
the  aim  of  his  action:  "To  show  the  world  that 
Germany  was  firmly  resolved  not  to  be  pushed 
aside."  Western  Europe  was  excited,  war  seemed 
imminent.  But  finally  France  and  Germany 
came  to  an  agreement,  and  two  treaties  were 
signed  on  November  4.  In  the  first  treaty  Ger- 
many recognized  France's  protectorate  in  Morocco 
while  France  recognized  the  principle  of  the  open 
door.  The  second  treaty  gave  Germany  a  com- 
pensation in  French  Kongo,  while  France  received 
a  new  rectification  of  her  boundary  lines  with  the 
German  Kamerun  and  a  small  cession  of  territory. 
People  in  France  and  in  Germany  were  equally 
dissatisfied  with  these  treaties;  the  French  critics 
claimed  that  Germany  was  not  entitled  to  any 
compensation,  German  critics  on  the  other  hand 
insisted  that  the  compensation  was  not  equiva- 
lent to  the  German  loss.  The  German  people 
were  above  all  enraged  against  Great  Britain, 
who  had  once  more  fully  supported  France.  1 

The  opinion  of  a  minority  of  the  more  quiet 
people  and  of  those  who,  for  the  sake  of  peace, 
believed  in  concessions,  was  expressed  by  the 
Chancellor  in  the  following  words  spoken  in  the 
Reichstag:  "The  peaceful  settlement  of  the  Mo- 
roccan question  was  an  enormous  gain,  and 
as  England  was  bound  by  treaty  to  support 
France  in  all  differences  with  Germany  about 

[253] 


GERMAN   GOVERNMENT  AND  POLITICS 

Morocco,   the  settlement  cleared   the  ground   as 
regards  relations  with  England  also." 

Indeed  a  dangerous  cloud  on  the  political  hori- 
zon of  Europe  disappeared  with  the  settlement  of 
the  Morocco  question.  Unfortunately  the  calcu- 
lation of  many  German  diplomats  that  France 
would  from  now  on  be  satisfied  with  the  conquest 
of  her  enormous  African  Empire  and  forget  the 
loss  of  Alsace-Lorraine  proved  wrong.  The 
question  middle  of  the  year  1913  witnessed  again  a  re- 
Lorraine"  vanc^e  excitement  in  France  similar  to  the  chau- 
vinism of  the  eighties,  and  warned  the  German 
people  to  continue  their  watch  on  the  Rhine. 

When  in  the  year  1913  Germany  celebrated  the 
twenty-fifth  anniversary  of  the  reign  of  her  Kai- 
ser, she  could  look  with  pride  upon  her  peaceful 
record  since  1870.  "Without  boastfulness  or  ex- 
aggeration she  could  say  that  never  in  the  course 
of  history  has  any  power  possessing  such  superior 
military  strength  as  the  Germans  served  the  cause 
of  peace  in  an  equal  measure."  * 

Balkan  ^^e  relations  between  Germany  and  England 
began  at  last  to  improve  and  it  was  mainly  due 
to  the  harmonious  effort  of  these  two  countries 
that  during  the  Balkan  wars  of  1912-13  the  peace 
of  the  rest  of  Europe  was  preserved. 

Italian  At  the  end  of  the  year  1911   Italy  suddenly 

seizure  of  seized  Tripoli  upon  legal  claims  dating  back  as 

far  as  the  Crimean  war,  in  fact  however,  because 

she  saw  the  necessity  of  providing  a  colony  for 

1  Prince  von  Bulow,  "Imperial  Germany,"  p.  48. 
[254] 


GERMANY'S  FOREIGN  POLICY 

her  large  emigration  and  her  future  over-pro- 
duction, and  because  she  was  justly  afraid  that 
Tripoli  with  her  menacing  position  opposite  Italy 
might  some  day  be  taken  by  the  French  as  Tunis 
had  been  taken  before. 

Before  this  war  could  be  fought  out  Turkey 
had  to  conclude  peace  and  give  up  Tripoli  be- 
cause the  newly  formed  Balkan  League,  consist- 
ing of  Bulgaria,  Serbia,  Greece  and  Montenegro, 
declared  a  war  against  Turkey  which  ended  in 
Turkey's  complete  defeat.  The  war  among  the 
members  of  the  League  themselves  resulting 
from  difference  of  opinion  in  regard  to  the  dis- 
tribution of  the  booty,  left  Turkey  in  posses- 
sion of  a  small  but  very  important  territory  in 
Europe,  including  Adrianople  and  Constanti- 
nople. It  was  Germany's  interest  to  see  the  war 
ended  as  soon  as  possible  and  to  see  Turkey  keep 
the  keys  of  the  Dardanelles.  In  this  regard  her 
wishes  concurred  with  those  of  England  and  thus 
the  two  governments  cooperated  to  localize  the 
war.  England  also  helped  Austria  in  the  crea- 
tion of  the  artificial  Kingdom  of  Albania,  thus 
excluding  Serbia  from  a  part  in  the  Adriatic  Sea. 
One  of  the  results  of  the  Balkan  war  was  the  stimu- 
lation of  Pan-Slavism.  The  Russian  government 
began  now  more  than  ever  to  act  as  the  promoter 
of  Pan-Slavistic  ideals,1  with  the  help  of  which 

1  On  the  other  hand  the  German  government  has  repeated 
again  and  again  that  the  ideals  of  Pan-Germanism  were  not 
identical  with  those  of  the  government,  that  "the  course  of 

[255] 


GERMAN  GOVERNMENT  AND   POLITICS 

she  expected  to  secure  the  leadership  in  the  Bal- 
kans and  finally  realize  her  long  desired  wish  for 
the  possession  of  Constantinople  and  the  Darda- 
nelles. While  the  relations  between  England  and 
Germany  improved  very  much,  the  animosity 
between  Russia  and  France  on  the  one  hand  and 
Germany  on  the  other  hand  grew  from  day  to 
day.  Europe  was  completely  undermined.  Re- 
sponsible authorities  and  friends  of  peace  tried 
their  best  to  give  nobody  a  chance  to  light  the 
match  which  would  bring  the  mines  to  a  general 
explosion.  But  in  vain!  Suddenly  in  July, 
1914,  the  explosion  took  place.  A  fanatic  Serb 
assassinated,  at  Serajevo,  Bosnia,  the  Crown  Prince 
of  Austria-Hungary,  Archduke  Franz  Ferdinand, 
and  his  wife.  In  August  nearly  all  Europe  — 
Germany  and  Austria,  later  on  Turkey  as  one 
party,  Russia,  Serbia,  England  and  her  colonies, 
France,  Belgium,  with  Japan  as  an  Asiatic  ally, 
and  Italy,  as  the  other  party  —  was  plunged 
into  the  most  terrible  war  which  modern  history 
has  seen. 

According  to  R.  V.,  Article  n,  the  Kaiser 
Central  alone  has  the  right  of  representing  the  German 
izationof  Empire  in  its  international  relations.  He  de- 
foreign  clares  war  and  peace  (with  the  consent  of  the 

affairs 

Bundesrat)  concludes  alliances  and  treaties,  ac- 
credits and  receives  diplomatic  representatives 

Germany's   foreign   policy  would   lie  between   the   parochial 
wishes  of  Social-Democracy  and  the  extravagant  desires  of 
the  Pan-Germans." 
[256] 


GERMANY'S   FOREIGN  POLICY 

of  foreign  nations.  As  far  as  the  international 
treaties  affect  German  citizens  directly,  they  need 
for  their  validity  the  consent  of  the  Bundesrat 
and  Reichstag. 

The  central  administrative  organ  for  the  for- 
eign affairs  of  the  Empire  is  the  Auswartige  Amt 
or  Foreign  Office.  It  was  taken  over  by  the  Empire 
from  Prussia  and  is  now  conducting  the  affairs  of 
both  states.  The  Foreign  Office  is  divided  into 
three  departments: 

1.  The  Department  of  Politics  and  the  Per- 
sonnel. 

2.  The  Department  of  Commercial  Politics. 

3 .  The  Department  of  Law. 

Directly  under  the  Chancellor  are  the  "Com- 
mission for  the  Examination  of  Diplomatic 
Officers"  and  the  "Archaeological  Institutions 
in  Rome  and  Athens." 

The  Kaiser  alone  has  the  right  of  appointing 
the  diplomatic  officers  of  the  Empire.  Some  DlPl0- 
of  the  states  have  still  a  few  diplomatic  officers  service 
at  foreign  courts,  who,  however,  are  of  no  real 
importance  in  political  affairs.  They  also  receive 
diplomats  from  these  states.  All  the  diplomatic 
officers  of  the  German  Empire  have  to  take  a 
full  law  course  and  pass  an  examination  before 
they  are  admitted  to  this  branch  of  the  civil 
service  of  the  Empire.  The  great  majority  of 
them  belong  to  the  wealthy  aristocracy. 

The  Empire  has  all  the  four  classes  of  diplo- 
mats existing  under  the  rules  of  international  law: 

[257] 


GERMAN   GOVERNMENT  AND   POLITICS 

ambassadors  (at  present  9),  ministers  (17),  min- 
ister residents  and  charges  d'affaires. 

The  commercial  representation  of  the  Empire 


Consular  abroa^  i.e.,  the  consular  service,  is  completely 
in  the  hands  of  the  Empire.  All  the  consuls  are 
Imperial  civil  service  officers  appointed  by  the 
Kaiser  after  the  consultation  of  the  Bundesrat 
(R.  V.,  Article  56).  There  are  consules  electi  or 
honorary  consuls  and  consules  missi  or  profes- 
sional consuls.  Of  the  latter  category  there 
exist  three  classes:  consuls-general,  consuls, 
and  vice-consuls.  The  consuls  may  appoint 
special  consular  agents  as  their  assistants.  The 
consuls  are  judicial  officers  in  a  number  of  cases 
of  non-contentious  jurisdiction.1 

By  special  treaties  of  extra  territoriality  consuls 
may  act  as  judges  in  civil  and  criminal  cases 
(for  example  in  China  and  Persia). 

Appeals  from  their  jurisdiction  lie  to  the 
Reichsgericht. 

SELECTED  BIBLIOGRAPHY 
YEAR  BOOKS: 

Schiemann,  Th.      "Deutschland  und  die  grosse  Politik." 

Since  1900. 

Annual  Register.     Since  1758. 

"  La  vie  politique  dans  les  deux-mondes."      Since  1906. 
ROSE,  F.  H.     "The  Development  of  the  European  Nations, 

1870-1900,"      Vol.     I,     Chapter    VI;      and    Vol.     II, 

Chapter  I. 
ONKEN,  H.    The  German  Empire.     In  "Cambridge  Modern 

History,"  Vol.  XII,  Chapter  VI. 

1  Cf.  pp.  194  ff. 
[258] 


GERMANY'S  FOREIGN  POLICY 

BISMARCK,  OTTO  VON.  "Reflections  and  Reminiscences," 
Vol.  II,  Chapters  28-30. 

VON  BULOW,  BERNHARD.  "Imperial  Germany."  i.  For- 
eign Policy. 

REINSCH,  P.  S.  "World  Politics,"  Chapter  IV,  (German  Im- 
perial Politics). 

CRISPI,  FRANCESCO.  "The  Memoirs  of  Francesco  Crispi." 
3  vols. 

WERTHEIMER,  E.  VON.     "Graf  Julius  Andrassy."     3  vols. 

BROGLIE,  DUKE  DE.  "An  Ambassador  of  the  Vanquished." 
Viscount  filie  de  Gontant-Biron's  Mission  to  Berlin, 
1871-1877. 

HANOTAUX,  G.  "La  France  vivante";  English  translation, 
"Contemporary  France."  4  vols. 

TARDIEU,  ANDR&.     "France  and  the  Alliances." 


[259] 


CHAPTER  XIX 

THE     COLONIAL     DEPENDENCIES 


V 


ERY   late,   when   the   process   of  colonial 
acquisition  was  almost  complete,  Germany 
1116          began    to    seek    for   colonies.      Even    then     the 

acquisi-  . 

aon          government  was  hesitating  and  cautious.     It  was 
of  the        mainly  due  to  the  encouragement  of  University 

depend-  i  •  j     i  •  r  ir   , 

encies  teaching  and  the  energetic  activity  or  a  handful 
of  merchants  and  private  persons,  that  the  Ger- 
man government  acquired  its  first  colonies. 

Before  the  foundation  of  the  new  Empire, 
only  two  unsuccessful  attempts  at  oversea  colo- 
nization had  been  made  by  Germans,1  although 
they  had  frequently  shown  splendid  qualities 
as  colonists  in  the  possessions  of  other  powers. 

During  the  first  years  of  its  existence,  the  new 
German  Empire  was  too  much  occupied  with  its 
inner  organization  to  think  of  colonies.  About 
1880,  German  university  professors,  undoubtedly 
the  most  powerful  factors  in  the  creation  of  Ger- 
many's public  opinion,  began  to  demand  the 
acquisition  of  colonies,  but  for  a  long  time  it  re- 
mained an  academic  question.  The  mass  of  the 

1  In  the  beginning  of  the  l6th  century  by  the  merchant- 
house  of  the  Welsers  in  Augsburg  under  the  protectorate  of 
Charles  V,  and  in  1683  by  the  Great  Elector  of  Brandenburg, 
Frederick  William. 

[260] 


THE  COLONIAL  DEPENDENCIES 

German  people  was  not  yet  in  favor  of  a  colonial 
policy;  and  without  the  backing  of  general  public 
opinion  Bismarck  did  not  wish  to  enter  upon  a 
course,  the  end  of  which  might  have  been  unfor- 
tunate for  Germany.  The  first  cautious  attempt 
he  made  toward  the  initiation  of  a  colonial  policy 
was  discouraging.  In  1880  he  proposed  to  sub- 
sidize a  German  colonial  company  in  Samoa, 
but  the  Reichstag  refused  its  consent.  From  that 
moment  public  opinion  grew  rapidly  in  favor  of 
colonies  thanks  above  all  to  the  missionary  work 
of  the  German  Colonial  Club,  the  Deutscher  Ko- 
lonialverein,  founded  in  1882, 1  and  since  1887 
known  as  the  German  Colonial  Society,  Deutsche 
Kolonialgesellschaft. 

Several  reasons  quite  naturally  led  Germany 
to  the  attainment  of  colonies.  Many  millions  of 

•  merits  in 

citizens  had  been  lost  by  Germany  through  em-  favor  of 
igration   before   1871.     Between    1871    and    1880  "^ 
the  Empire  lost  625,656,  of  which  number  555,866  sions 
went  to  the  United  States;  between  1881  and  1890 
there  were  1,333,681  emigrants,  1,232,486  of  these 
to  the  United  States;  and  between  1891  and  1901, 
551,948  emigrated,  out  of  which  number  478,129 
went  to  the  United  States.     More  than  2,500,000 
therefore  were  lost  to  the  fatherland  between  1871 
and  1901.     These  emigrants  were  far  from  being 

1  Its  first  president  was  the  prince  of  Hohenlohe-Langen- 
burg.  In  1887  this  club  and  another  large  colonial  society, 
the  Gesellschaft  fur  deutsche  Kolonisation,  united  to  form  the 
Deutsche  Kolonialgesellschaft. 


GERMAN  GOVERNMENT  AND  POLITICS 

undesirable  elements.  They  were  mostly  young 
men  who  had  received  a  good  school  education, 
enterprising,  industrious  peasants.  Such  a  loss 
of  productive  population  was  to  be  regretted  ex- 
tremely by  the  German  government,  and  it  was 
from  its  point  of  view  highly  advisable  to 
acquire  colonies  to  which  the  stream  of  German 
emigrants  could  be  directed,  where  they  could 
keep  their  German  nationality  and  be  useful  for 
the  promotion  of  German  interests. 

With  the  rapid  development  of  commerce  and 
industry  in  Germany,  it  became  necessary  to 
look  for  wider  markets.  The  tendency  to  ex- 
clude foreign  nations  from  the  home  market 
by  high  protective  tariffs  was,  and  is  still, 
growing  everywhere.  It  is  uncertain  how  long 
England  will  stand  by  her  principle  of  free 
trade.  Already  special  agreements  exist  between 
Great  Britain  and  her  colonies  favoring  the  prod- 
ucts of  each  other.  So  it  has  appeared  very 
advisable  for  Germany  to  find  secure  markets. 
Furthermore,  home  industry  needs  an  enormous 
amount  of  raw  products  for  fabrication.  In 
1906,  Germany  imported  445  million  marks* 
worth  of  cotton,  372  million  marks  of  wool,  228 
of  copper,  170  of  coffee,  170  of  cow-hides,  77  of 
sheep  and  goat  hides,  149  of  rubber  and  gutta- 
percha,  63  of  copra,  palm-oil,  etc.,  41  of  cocoa. 
A  small  percentage  of  these  products  is  now 
imported  from  the  German  colonies,  and  the 
production  of  these  materials  in  the  colonies  is 

[262] 


THE  COLONIAL  DEPENDENCIES 

steadily  increasing,  so  that  some  time  in  the 
future  a  considerable  amount  of  these  raw  ma- 
terials may  be  imported  from  German  territory, 
the  wealth  of  the  nation  as  a  whole  increased, 
and  industry  at  home  made  independent  of  mo- 
nopolies and  trusts  abroad. 

The  acquisition  of  the  first  German  colony  was 
due  to  private  initiative.  In  the  year  1883  the 
merchant  Liideritz  from  Bremen  made  treaties 
with  native  chiefs  in  South- West  Africa,  around 
Walfish  Bay.  The  first  opposition  to  this  colo- 
nization came  from  its  English  neighbors  in  the 
Cape  Colony.  England  herself  was  indifferent 
to  it  and  did  not  raise  serious  objections.  In  the 
first  place  there  was  a  general  feeling  at  that  time 
all  over  Europe  against  colonies.  Mr.  Gladstone 
who  was  prime  minister  at  the  time,  himself 
knew  and  cared  little  about  colonial  affairs.  Fur- 
thermore, nobody  took  Germany's  colonial  at- 
tempts seriously.  And  above  all,  England  was 
at  that  time  weak  in  international  politics.  To 
France  she  was  hostile  on  account  of  her  Egyp- 
tian policy,  and  with  Russia  she  was  on  bad  terms 
because  of  Afghanistan. 

If  Germany  were  ever  to  obtain  colonies  now 
was  the  appointed  time.  Bismarck  proceeded 
deliberately  and  openly.  "He  conducted  the 
game  with  the  admirable  foresight  of  a  consum- 
mate chess-player,  who  sees,  far  ahead,  what  will 
be  the  effect  of  any  particular  move."1 

1  Keltic,  J.  S.,     "The  Partition  of  Africa,"  p.  178. 

[263] 


GERMAN  GOVERNMENT  AND  POLITICS 

On  April  24,  1884,  German  South- West  Africa 
was  made  a  protectorate  in  spite  of  feeble  English 
protests.  Only  three  or  four  months  later  the 
famous  African  explorer  Nachtigall,  as  the  repre- 
sentative of  the  German  Empire,  made  treaties 
with  some  native  chiefs  in  Togo  and  Kamerun. 
Again  the  English  government  showed  itself 
totally  indifferent  to  the  requests  of  those  chiefs 
who  desired  a  British  protectorate  rather  than  a 
German.  England's  later  protests  were  therefore 
absolutely  unfounded.  The  English  colonial 
writer,  Mr.  Keltic,  says  correctly:  "We  may 
congratulate  ourselves  that  we  have  not  fared 
worse  than  we  have  done,  for  we  did  our  best  to 
deserve  worse." *  The  revolt  of  the  natives 
which,  under  English  influence,  broke  out  imme- 
diately after  the  taking  of  Kamerun,  was  quickly 
suppressed  by  two  German  men-of-war. 

In  the  same  year,  1884,  Germany  took  posses- 
sion of  her  largest  colony  in  Africa,  German 
East-Africa.  Dr.  Peters  made  treaties  in  Nov- 
ember, 1884,  with  a  number  of  native  chiefs  on 
behalf  of  the  "Society  of  German  Colonization." 
This  company  was  replaced  by  the  German  East- 
African  Society,  to  which  in  February,  1885,  a 
letter  of  protection  was  granted  by  the  German 
Empire.  The  Sultan  of  Zanzibar  objected  to  the 
German  occupation,  but  after  a  demonstration 
of  the  German  fleet  he  yielded  to  German  superi- 
ority. In  the  year  1888  a  dangerous  rebellion 
1  J.  S.  Keltic,  "The  Partition  of  Africa,"  p.  190. 

[264] 


THE  COLONIAL  DEPENDENCIES 

under  the  leadership  of  the  Arabs  broke  out, 
which  was  put  down  in  1889.  In  1890  the 
company  sold  its  rights  to  the  Empire  for 
600,000  marks. 

England's  consent  to  the  taking  of  East-Africa 
was  easily  obtained.  After  the  downfall  of  the 
Ferrier  ministry  in  France  which  had  been  very 
friendly  to  Bismarck's  policy  and  which  on  the 
other  hand  had  gained  much  by  this  friendship, 
Bismarck  sent  his  son  Herbert  to  England  to 
create  a  better  understanding  with  that  country. 
Gladstone  gladly  accepted  the  offer  made  to  him, 
because  he  badly  needed  a  strong  friend  in  inter- 
national politics.  He  recognized  Germany's  need 
of  colonies  and  promised  her  every  encouragement 
for  her  work  of  colonization. 

In  the  year  1884  the  German  part  of  New 
Guinea,  and  in  1885  the  Marshall  Islands,  both 
in  the  South  Sea,  were  taken  by  occupation. 

An  attempt  of  Germany  to  take  the  Carolines 
by  occupation  met  with  Spain's  opposition.  The 
dispute  was  submitted  for  arbitration  to  the 
Pope,  who  decided  in  favor  of  Spain.  Germany 
was  given  only  a  coaling  station.  In  the  year 
1899,  after  the  Spanish-American  war,  Spain  sold 
the  Caroline,  and  Palaos,  and  Marianne  Island 
groupes  (except  Guam),  to  Germany  for  i6f 
million  marks.  In  the  same  year  (1899)  the 
constant  troubles  in  Samoa  which  had  lasted  for 
ten  years  and  had  unduly  excited  public  opinion 
in  Germany  and  the  United  States,  were  settled 

[265] 


.GERMAN  GOVERNMENT  AND  POLITICS 

by  the  partition  of  these  islands.  Germany  re- 
ceived the  two  largest  islands,  Upolu  and  Savaii, 
and  two  other  small  islands. 

The  only  German  territory  in  Asia,  Kiao-chau, 
was  taken  from  China  in  1897  in  the  form  of  a 
ninety-nine  years'  lease.     The  pretext  for  taking  it 
was  the  murder  of  German  Catholic  missionaries. 
It  was  only  with  great  hesitation  that  Bismarck 
7116  had  inaugurated  the  colonial  policy  of  Germany, 

policy  which  led  in  so  short  a  time  to  the  foundation  of 
after  the  an  important  colonial  empire.  He  never  be- 
aon  came  a  great  enthusiast  for  colonies  —  as  late  as 
1899  he  declared  that  he  was  "still  no  colony 
endes  man. "  The  basis  of  sound  colonial  policy  was  for 
him  the  backing  of  the  majority  of  the  people.  In 
1884  he  said  in  the  Reichstag:  "In  order  to  be  able 
to  carry  on  a  colonial  policy  successfully  a  gov- 
ernment must  have  behind  it  in  Parliament  a  solid 
majority  national  in  sentiment,  a  majority  which 
is  superior  to  the  momentary  decline  of  individual 
parties.  Without  such  a  reserve  of  force  in  the 
background  we  cannot  carry  on  colonial  policy." 
In  the  first  years  of  colonization  enthusiasm  was 
very  great.  But  it  lasted  only  a  short  time.  The 
colonies  complicated  Germany's  position  in 
world  politics;  they  involved  the  country 
in  an  enormous  expenditure,  and  they  cost 
the  country  hundreds  of  precious  lives.  Pun- 
itive expeditions  had  to  be  carried  on  con- 
stantly against  native  chiefs.  In  South-West 
Africa  long-lasting  wars  had  to  be  undertaken 
[266] 


THE  COLONIAL  DEPENDENCIES 

against  the  natives.  The  great  Herrero  campaign, 
which  ended  in  1906,  alone  cost  the  lives  of  90 
officers  and  1,321  men,  besides  907  wounded. 
Moreover,  the  administration  of  the  colonies  was 
extremely  bad.  On  October  28,  1885,  Bismarck 
had  said  in  his  famous  colonial  speech  in  the 
Reichstag:  "My  aim  is  the  governing  merchant 
and  not  the  governing  bureaucrat  in  those 
regions.  Our  privy  councilors  and  expectant 
subalterns  are  excellent  enough  at  home,  but 
in  the  colonial  territories  I  expect  more  from  the 
Hanseatics  who  have  been  there."  Unfortunately 
this  principle  was  not  consistently  applied  to  the 
colonial  administration.  One  scandal  after  an- 
other occurred,  so  that  in  1906  Prince  Hohenlohe 
retired,  utterly  disgusted,  from  the  presidency  of 
the  Colonial  Department  of  the  Foreign  Office. 
Nearly  everybody  in  Germany  was  discouraged 
and  apathetic. 

Then  came  the  refusal  of  the  Clericals  to  grant 
the  necessary  amount  for  the  termination  of  the 
rebellion  in  South-West-Africa.  All  at  once  the 
people  awoke.  The  government,  under  the  leader- 
ship of  Dernburg,  who  later  on  became  Secretary 
of  the  newly  created  Colonial  Office,  aroused  the 
greatest  colonial  enthusiasm  Germany  had  ever 
experienced.  Severe  but  healthy  self-criticism  set 
in,  and  the  whole  colonial  service  and  the  meth- 
ods of  colonization  were  revised.  Dernburg 
cleansed  the  Augean  Stables  of  colonial  adminis- 
tration. He  replaced  the  bureaucrats  with  men 

[267] 


GERMAN  GOVERNMENT  AND   POLITICS 

of  common  sense  and  open  minds.  His  princi- 
ples were  based  on  experience,  comparison  with 
other  countries  and  business  methods.  "Coloni- 
zation," he  said,  "is  a  science  and  technique  just 
like  the  rest;  it  must  be  learned  not  only  in  the 
lecture  room,  in  legal  practice,  and  in  the  count- 
ing house,  but  by  studying  the  needs  and  con- 
ditions of  foreign  lands  on  the  spot,  and  by  the 
application  of  all  the  auxiliaries  which  science 
—  and  above  all  the  science  of  our  neighbors  — 
affords." 

With  Dernburg,  German  colonies  entered  a 
new  development.  The  fundamental  faults  have 
been  corrected,  the  German  people  have  re- 
gained confidence  in  their  ability  as  colonizers, 
general  interest  is  taken  in  the  colonies  by  all 
national  parties,  and  slow  but  steady  progress  is 
being  made. 

The  Germans  have  made  many  bad  mistakes 
in  the  management  of  their  colonial  affairs,  but 
it  must  be  considered  that  they  were  entirely  in- 
experienced, and  they  have  shown  willingness  to 
learn.  They  believe  now  in  Demburg's  1  opinion, 
that  the  colonies  are  "a  great  Imperial  concern 
which  cannot  prosper  without  a  powerful  impulse, 
without  the  cooperation  of  the  noblest  and  best 
elements  in  the  nation." 

The  central  control  over  the  colonies  is  exer- 
cised by  the  Colonial  Office,  the  Reichskolonialamt, 
created  April  i,  1907.     Formerly  it  was  a  part 
1  It  might  be  added  that  Dernburg  resigned  in  1910. 

[268] 


THE  COLONIAL  DEPENDENCIES 

of  the  Foreign  Office,   but  with   the  growth   in   Admin- 
importance  of  the  colonies  the  creation  of  a  special   j^,011 
office  became  necessary.     At  the  head  of  the  office   colonies 
is  a  Secretary  of  State,  with  the  right  of  acting   Germany 
as  a  responsible  substitute  of  the  Chancellor.     The 
Colonial  Office  is  divided  into  the  Department  of 
Civil  Administration  and  the  Department  of  Mil- 
itary Administration.     The  Civil  Department  is 
subdivided    into   divisions    for  general   adminis- 
trative, financial  and  technical  matters.    Advisory 
commissions    are    formed    of    experts,    officials, 
professional   travelers,  professors,  etc.,  to  furnish 
information  for  the  office. 

Germany  has  no  colonies  within  the  temperate 
zone  peopled  or  capable  of  being  peopled  by  Euro-   Territory 
peans.     Its  colonies,  or  protectorates,  except  for   colonies 
some  scattered  islands  in  the  Pacific,  and  Kiao- 
chau,   are  situated   in   tropical  Africa.     Besides 
the     territories    which    are     full     protectorates1 
of    the    German    Empire,     there    are    in    addi- 
tion large  "spheres  of  interest."     These  are  terri- 
tories reserved  by  treaties  for  future  occupation. 

The  protectorates  are  incapable  of  sustaining 
international  relations.  They  are  represented  for 
such  purposes  by  the  German  Empire.  Recip- 
rocally no  other  nation  may  interfere  in  the 
affairs  of  the  protectorates.  An  attack  upon  them 
is  an  attack  upon  the  Empire.  On  the  other  hand 
the  protectorates  are  not  members  of  the  Empire 

1  The  word  Schutzgebiete,  "  protectorates "  is  used  by 
Germans  to  include  all  their  colonial  dependencies. 

[269] 


GERMAN  GOVERNMENT  AND  POLITICS 

within  the  meaning  of  the  Constitution.  Its  reg- 
ulations are  not  eo  ipso  applied  to  the  colonies. 
Neither  are  the  laws  of  the  Empire,  unless  specif- 
ically stated  to  be  so,  valid  in  the  protectorates. 
Thus  the  protectorates  are  not  in  a  customs- 
union  with  the  mother  country. 

The  subjects  of  the  colonies  are  classified  into 
The          citizens  of  the  Empire,  natives,  and  other  subjects. 

subjects  .   .  '  J     .   . 

inprotec-  German  citizens  are  treated  like  German  citi- 
torates  zens  m  those  parts  of  the  world  where  European 
nations  have  by  treaty  the  right  of  extra-territorial 
jurisdiction.  They  are  judged  according  to  the 
rules  of  consular  law  and  of  the  fundamental  law 
for  the  protectorates.1  The  natives  are  by  treaties 
subject  to  their  own  laws  as  far  as  those  laws  are 
not  entirely  opposed  to  humanity.  The  Empire 
has  supreme  supervision  over  their  administra- 
tion. Other  colored  races,  except  the  Japanese, 
negroes  who  are  citizens  of  a  civilized  country, 
and  certain  superior  colored  races,  are  treated 
like  the  natives. 

The  first  sentence  of  the  fundamental  law  for 
1116          the  protectorates  says:  "The  protective  authority 

organ!-         .  J          .  . K  J 

zationof  is  exercised  by  the  Kaiser  in  the  name  of  the 
govern-  Empire."  The  Kaiser  is,  as  Protector,  an  organ 
of  the  Empire,  and  his  acts  in  regard  to  the  colonies 
require  the  counter-signature  of  the  Chancellor. 
Unless  specifically  limited  by  laws  of  the  Empire, 
he  need  not  ask  the  Bundesrat  or  the  Reichstag 
for-  advice  or  consent  in  regard  to  ordinances. 

1  See  Sckutzgtbietsgesetz,  of  September  10,  1900. 
[270] 


THE  COLONIAL  DEPENDENCIES 

Except  in  judicial  matters  to  which  the  rules  of 
consular  jurisdiction  apply,  the  Kaiser  is  unlimited 
in  his  sphere  of  action  in  the  protectorates.  The 
colonial  officers  are  subject  to  the  same  regu- 
lations as  other  Imperial  officers. 

At  the  head  of  each  protectorate  is  a  governor. 
All  civil  officers,  and  in  Africa  the  military  forces  Local 

.  t  ,  .  ,        .  A  .          admlnls- 

also,  are  subject  to  his  authority.  An  extensive 
ordinance  power  has  been  delegated  to  him.1 
Since  1903  there  have  been  instituted  advisory 
councils  (Gouvernementsrdte)  consisting  of  higher 
officers  and  at  least  three  lay  members,  inhabit- 
ants of  the  colonies.  The  official  members  must 
not  outnumber  the  lay  element.  Each  colony  is 
subdivided  into  districts  (Amtsbezirke).  At  the 
head  of  each  district  is  a  district-superintendent 
(Bezirksamtmann),  who  has  a  similar  position  to 
the  Regierungeprdsident  in  Prussia.  He  is  as- 
sisted by  colleagues  technically  trained  in  forestry, 
agriculture,  education  and  mining.2  In  South- 
West  Africa  some  beginning  has  been  made  in 
local  self-government.  The  Chancellor  may  unite 
several  villages  into  communes  (Kommunalver- 
bdnde),  which  have  the  character  of  public  cor- 
porations, endowed  with  rights  and  duties. 

1  Schutzgebietsgfsetz,  Paragraph  15,  3. 

*  In  some  less  developed  parts  there  exist  administrative 
organizations  of  minor  importance  than  the  districts,  so  e.g. 
in  South  West-Africa  the  Districtamter  with  the  Districtchef, 
in  Kamerun,  Togo  and  New  Guinea,  the  Station  with  a  Sta- 
tionsleiter.  In  Kamerun  and  East-Africa  there  exist  also 
residents,  i.e.  advisers  to  chiefs  of  natives. 


GERMAN  GOVERNMENT  AND  POLITICS 

Cases  in  which  persons  other  than  natives  are 
Pe          the  parties  are,  as  we  have  seen,  judged  according 
in  the        to  the  law  of  consular  jurisdiction  and  Imperial 
colonies     ordinances.     There  are  two  courts  of  appeal.     The 
judges    are    appointed    by    the    Chancellor.     In 
most  cases  where  at  home  a  jury  would  be  neces- 
sary, four  adjuncts  are  associated  with  the  judge 
for  trial.     Each  protectorate  has  at  its  capital 
a  court  of  appeal  consisting  of  a  higher  judge  and 
four  adjuncts.     Since  1897  each  protectorate  has 
also  a  public  prosecutor.     In  cases  of  adminis- 
trative law,  the  Bundesrat  is  the  court  of  first  and 
last  instance. 

The  courts  for  natives  are  organized  by  ordi- 
nance of  the  governor.  In  Kamerun  less  impor- 
tant cases  are  settled  by  the  native  chiefs,  and  the 
more  important  matters  are  decided  by  special 
courts  consisting  of  natives.  In  Togo  the  native 
chiefs  are  judges  of  first  instance,  except  in  crimi- 
nal cases,  which  are  judged  by  the  district-super- 
intendent. The  governor  is  the  final  judge.  In 
South- West  Africa  the  district-superintendent  and 
district-chief  are  the  judges  of  first  instance, 
while  appeals  lie  to  the  high-judge  of  the  colony. 
The  natives,  however,  can  be  asked  for  their  opin- 
ions. They  must  be  consulted  in  disputes  be- 
tween white  and  colored  people.  In  East-Africa 
the  first  judge  in  civil  cases  is  the  district-super- 
intendent, with  the  advice  of  a  native  judge,  the 
wall  and  colored  adjuncts  may  be  asked  for  their 
opinion.  The  high-judge  of  the  colony  is  the 
[272] 


THE  COLONIAL  DEPENDENCIES 

court  of  appeal.  In  New  Guinea  the  natives  do 
not  participate  in  judicial  matters.  In  the  islands 
of  the  South  Sea,  civil  cases  are  judged  by  chiefs 
or  by  the  communal  courts  of  the  natives. 

East-Africa,  South-West  Africa  and  Kamerun 
have  military  forces  (Schutztruppen) .  The  com-  Mllltary 
mander-in-chief  is  the  Kaiser,  who  delegates  the  uon 
command  to  the  governor  of  the  colony.  The 
actual  military  head  is  a  German  officer  of  higher 
rank.  The  officers  and  non-commissioned  officers 
are  taken  from  the  German  army  at  home.  The 
common  soldiers  in  South-West  Africa  are  white 
men,  citizens  of  the  Empire;  in  East- Africa  and 
Kamerun  they  are  natives.  The  police  troops  in 
the  other  colonies  are  a  part  of  the  civil  govern- 
ment. In  Kiao-chau  there  is  a  garrison  of 
marines. 

The  budget  for  each  colony  is  first  prepared 
by  the  governor  with  the  help  of  his  official  corps.  F1^»ces 
It  is  then  sent  to  the  Imperial  Secretary  of  Fi-  colonies 
nance,  and  thence  to  the  Bundesrat.  With  the 
cooperation  of  the  Reichstag  it  is  passed  and  pub- 
lished as  an  Imperial  law.  The  income  of  the 
protectorates  consists  mainly  of  tariff  duties,  laid 
upon  most  imports,  except  in  South-West  Africa 
and  New  Guinea.  In  South-West  Africa  and  New 
Guinea  duties  are  laid  only  on  certain  objects,  par- 
ticularly liquors  and  tobacco.  Taxes  are  laid  upon 
the  natives  in  some  colonies  in  the  form  of  a  head 
or  hut  tax.  These  primitive  taxes  are  very  low, 
e.g.  in  East-Africa  four  marks  a  year  from  each 

[273] 


GERMAN  GOVERNMENT  AND  POLITICS 

hut.  Similar  taxes  are  levied  in  East-Africa, 
Kamerun  and  New  Guinea. 

With  the  exception  of  Togo,  none  of  the  German 
protectorates  are  as  yet  self-supporting,  although 
the  subsidies  of  the  Empire  are  not  extremely 
high  and  are,  barring  extraordinary  expenses, 
decreasing  from  year  to  year. 

The   Schulzgebietsgesetz  guarantees   freedom  of 
The          religion  in  the  German  protectorates.     The  com- 

Church  •  •.      •  i       j-ir  J 

petition  between  the  different  denominations  con- 
fuses the  simple  minds  of  the  natives  and  it  would 
be  desirable,  at  least  for  the  immediate  future,  to 
fix  the  spheres  of  interest  between  the  different 
missionary  societies.  Catholics  and  Protestants 
have  about  the  same  number  of  baptized  natives, 
taking  all  the  colonies  together. 

SELECTED  BIBLIOGRAPHY 

KELLER,  A.  G.     "The  Beginnings  of  German  Colonization" 

(Yale  Review  X). 
KELLER,  A.   G.     "The   Colonial   Policy  of  the  Germans" 

(Yale  Review  X). 
DAWSON,  W.   H.     "The  Evolution  of  Modern  Germany" 

(Chapters  XVIII  and  XIX). 
JOHNSTON,  H.     "The  Colonization  of  Africa." 
KELTIE,  J.  S.     "The  Partition  of  Africa." 
VERITAS.      "The  German  Empire  of  Today"  (Chapters  VII 

and  VIII). 


[274] 


APPENDIX 

AREA  AND  POPULATION  OF  GERMANY 
(Census  of  December  I,  1910) 


Area 
Sq.  M. 

Total  Pop. 

Pop.  per 
Sq.  M. 

KINGDOMS 
Prussia              

134,616 

4.0,163.  •?•?•? 

224.  O 

Bavaria  

20,202 

6,876,4.07 

2-J4..4. 

Wiirtemberg  

7,C14, 

S«A1C«6lI 

223.2 

Saxony  

C.78Q 

4,802,4.8; 

820.1; 

GRAND  DUCHIES 
Baden   

S.821 

2,141,832 

•J67.0 

Hesse  

2,966 

1,282,219 

430-O 

Mecklenburg-Schwerin       

5,068 

6-?o,87Q 

126.2 

Saxe-Weimar-Eisenach  

I.-IQ7 

417,166 

298.6 

Mecklenburg-Strehtz  

I,  HI 

106,'?  4.7 

93.8 

Oldenburg  

2,4.82 

4.82,4.10 

IQ4..1 

DUCHIES 
Brunswick    

I.4.I8 

404.,  ^87 

348.6 

Saxe-Memmgen  

QC-J 

278,792 

291.  c 

Saxe-Altenburg  

eil 

247,208 

337.0 

Saxe-Coburg-Gotha  

*  s 

764. 

2i6,/;i'i 

42'?-'? 

Anhalt       

888 

•?•?!,  O47 

3  73-0 

PRINCIPALITIES 
Schwarzburg-Sondershausen  .  .  . 
Schwarzburg-Rudolstadt  

333 
•j6i 

89,984 

100,712 

2/O.2 
277.; 

Waldeck  

4-W 

61,723 

142.5 

Reuss  Altere  Lime  

122 

72,616 

595-2 

Reuss  Jiingere  Lime  

1IQ 

152,765 

478.9 

Schaumburg-Lippe  

1^1 

46,650 

352.5 

Liooe 

4.6O 

150,749 

321.4 

FREE  CITIES 
Liibeck        .             

IIC 

116,533 

1,013.3 

Bremen                              

00 

150,317 

3,017.6 

Hamburg                             

160 

1,015,707 

6,973.1 

ALSACE-LORRAINE  

5,604 

1,871,702 

333-9 

GERMAN  EMPIRE  

208,780 

64,903,423 

310.4 

[275] 


GERMAN  GOVERNMENT  AND  POLITICS 

COLONIES  AND  DEPENDENCIES  (1913) 
(The  estimates  are  necessarily  vague) 


Date  of 
Acquisition 

Estimatec 
Area  Sq.  ^ 

I 

I. 

Estimated 
Population 

(A)  IN  AFRICA 
Togo  . 

1884 

33,700 

1,032,000 

Kamerun  1  

1884 

191,130 

2,649,000 

German  South-West- 
Africa    

1884-00 

122,41:0 

Q4..OOO 

German  East-Africa. 

1885-90 

384,180 

7,651,000 

TOTAL  African  Possessions  . 

(E)  IN  THE  PACIFIC 
German  New  Guinea 
Kaiser      Wilhelm 
Land     

1884-90 
1885-86 

931.460 
70,000 

11,426,000 

Bismarck     Archipel- 
ago      

1885 

20,000 

Caroline  Islands  .... 
Palao   or    Pelew  Is- 
lands   

1899  1 
1899  j 

560 

600,000 

Marianne  Islands.  .  . 
Solomon  Islands  .... 
Marshall  Islands.  .  .  . 

SAMOAN  ISLANDS 
Savaii  

1899 
1886 
1886 

1899 

250 
4,200 

150  J 
660 

Upolu  

1899 

34° 

34.500 

TOTAL  Pacific  Isles  

1884-99 

96,160 

614,  ?oo 

(C)  IN  ASIA 
Kiao-chau  

1897 

2,002 

168,900 

TOTAL  Foreign  Dependencies 

1884-99 

1,029,622 

I  2,  229,4OO  2 

1  1911  France  conceded  107,270  square  miles  with  a  population  of 
1,000,000  to  Germany,  and  Germany  6,450  square  miles  to  France. 
These  are  not  counted. 

1  In  1913,  24,000  of  these  were  whites. 


CRITICAL    BIBLIOGRAPHY 

ACCORDING  to  the  general  principles  of 
this  collection  of  books  on  government, 
there  are  as  few  footnotes  as  possible  contained 
in  this  volume.  Therefore  a  critical  bibliography 
at  the  end  seems  necessary.  It  is  planned  for 
the  student  interested  in  special  topics,  and  also 
for  the  university  instructor  who  is  not  a  specialist 
in  German  government,  and  therefore  not  familiar 
with  its  literature.  There  does  not  exist  in  English 
any  good  bibliography  on  German  government. 
Prof.  A.  B.  Hart,  in  his  "Introduction  to  the 
Study  of  Federal  Government,"  enumerates 
many  books  and  articles  without  critical  discrim- 
ination. An  excellent  article  on  the  more  im- 
portant German  writers  of  German  constitutional 
and  administrative  law  is  Ph.  Zorn's  article, 
"Die  Entwicklung  der  Staatsrechtswissenschaft 
seit  1866"  in  the  "Jahrbuch  des  offentlichen 
Rechts  der  Gegenwart,"  Band  I,  Tubingen  1907. 
Another  valuable  source  of  information  is  Lands- 
berg,  E.:  "Geschichte  der  deutschen  Rechtswis- 
senschaft,"  3  Abteilung.  Miinchen  und  Berlin, 
1910.  Prof.  G.  E.  Howard's  "Comparative  Fed- 
eral Institutions,"  gives  a  small  analytical  refer- 
ence syllabus,  which  is  also  recommended. 

[277] 


GERMAN  GOVERNMENT  AND  POLITICS 

Political  and  Constitutional  History 

Political         The  standard  work  for  the  historical  develop- 
^uc_01      ment  of  Germany  from  the  attempts  at  reform 
tionai        of  the  German  Confederation  up  to  the  founda- 
story      tion  of  the  new  German  Empire  is  still  Sybel, 
Heinrich  von:    "Die  Begriindung  des  deutschen 
Reiches    durch    Wilhelm    I,"    Berlin    1889-1894, 
in  English   translation,   "The   Founding   of  the 
German  Empire  by  William  I."     Volumes   I-V 
translated    by    Perrin,    Dr.  M.   I.,    assisted    by 
Bradford,  G.;  Vols.  VI-VII  by  Schimmelpfennig- 
White,  H.     New  York  1890-1898.     This  monu- 
mental work  is  based  chiefly  upon  Prussian  state 
documents. 

This  work  should  be  supplemented  by 
Treitschke,  T.  G.  von:  "Deutsche  Geschichte 
im  neunzehnten  Jahrhundert,"  5  volumes,  Leipzig 
1906-1909,  of  which  unfortunately  there  does 
not  yet  exist  any  translation.  It  deals  with  the 
history  of  Germany  in  the  nineteenth  century 
up  to  1848.  Treitschke  writes  entirely  from  a 
Prusso-German  point  of  view.  His  style  is  ex- 
tremely fascinating  and  with  his  point  of  view  he  has 
had  a  tremendous  influence  upon  the  German  youth. 
As  a  third  German  reference  we  wish  to  recom- 
mend a  collection  of  three  little  books,  good  for 
those  who  cannot  read  the  other  two  voluminous 
works:  Schwemer,  R.:  "  Restauration  und  Revo- 
lution"; "Die  Reaktion  und  die  neue  Ara"; 
"Vom  Bund  zum  Reich,"  Leipzig,  1905. 
[278] 


CRITICAL  BIBLIOGRAPHY 

A  book  which  we  recommend  highly  to  those 
foreign  students  who  are  far  advanced  in  their 
studies  in  German  history  and  politics  is:  Mei- 
necke,  F.:  "Weltbiirgertum  und  Nationalstaat. 
Studien  zur  Genesis  des  deutschen  National- 
staates."  Miinchen,  1908. 

Of  books  in  English,  we  suggest  the  follow- 
ing: "  The  Cambridge  Modern  History."  Edited 
by  Ward,  A.  W.,  Prothero,  G.  W.,  and  Leathes, 
Stanley.  Volume  XI  (The  Growth  of  Nationali- 
ties), New  York,  1909.  Malleson,  G.  B.:  "The 
Refounding  of  the  German  Empire  1848-1871,'* 
which  however  contains  too  much  war  history. 
Andrews,  Ch.  M.:  "The  Historical  Development 
of  Modern  Europe  from  the  Congress  of  Vienna 
to  the  Present  Time."  2  volumes,  New  York,  1896- 
1898.  Flathe,  Th.:  Restoration  and  Revolution," 
"The  Reconstruction  of  Europe,"  Volumes  XVIII 
and  XIX  of  the  collection  "History  of  all  Na- 
tions," Philadelphia  and  New  York,  1905.  These 
two  volumes  are  translations  from  the  German, 
made  under  the  supervision  of  Wright,  J.  H. 
Rose,  J.  H.:  "The  Political  History  of  Germany 
in  the  Nineteenth  Century,"  Manchester,  1912. 
This  short  survey  is  a  very  sympathetic  apprecia- 
tion of  the  making  of  history  by  the  Germans, 
written  with  the  purpose  of  promoting  a  better 
mutual  understanding  between  England  and 
Germany,  and  as  such  it  was  heartily  welcomed 
by  the  German  press.  Hazen,  Ch.  D. :  "Europe 
since  1815,"  London,  1910.  A  short  history  from 

[279] 


GERMAN  GOVERNMENT  AND  POLITICS 

1815  to  the  present  time,  narrative,  not  critical. 
At  the  end  is  a  valuable  critical  bibliography. 

A  book  against  which  we  must  warn  is  Seigno- 
bos,  Ch.:  "A  Political  History  of  Europe  since 
1814,"  New  York,  1899,  a  translation  from  the 
French.  It  has  even  been  translated  into  Ger- 
man. It  contains  very  bad  mistakes,  and  it  is 
impossible  that  the  author  has  really  investi- 
gated his  German  sources,  to  which  he  refers. 
For  example,  on  page  483  he  says:  "The  princes 
were  no  longer  his  equals,  but  his  (the  King  of 
Prussia's)  subjects."  "The  federal  government 
itself  has  been  so  constructed  as  to  give  the 
Emperor  the  same  preponderating  power  in  the 
Empire  as  he  had  in  Prussia  as  King.  No  de- 
cision can  be  made  in  opposition  to  him."  "The 
sovereignty  belongs,  not  to  the  German  people, 
but  to  the  Emperor  and  the  Federal  Council." 
Page  488:  "The  Empire,  created  in  the  likeness 
of  Prussia,  is  a  strictly  constitutional  monarchy." 

A  model  short  biography  and  essay  on  the  his- 
tory and  spirit  of  modern  Germany,  the  extract 
of  a  thorough  study  of  the  subject-matter,  is 
Smith,  Munroe:  "Bismarck  and  German  Unity," 
New  York,  1910. 

A  valuable  source  of  information  upon  the  his- 
tory and  politics  as  made  by  Bismarck,  is  Blum, 
H.:  "Fiirst  Bismarck  und  seine  Zeit."  Seven 
volumes,  Miinchen,  1894-1899.  It  is  throughout 
pro-Bismarck.  Other  works  on  this  subject 
are: 

[280] 


CRITICAL  BIBLIOGRAPHY 

KLOEPPEL,  P. :  "  Dreissig  Jahre  deutscher  Ver- 
fassungsgeschichte,"  Erstes  Band:  "Die  Griin- 
dung  des  Reiches,und  die  Jahre  der  Arbeit"  (1867- 
1877),  Leipzig,  1900,  is  an  interesting  study  of  the 
first  period  of  modern  Germany. 

LAMPRECHT,  K.  G. :  "  Deutsche  Geschichte. 
Zur  jiingsten  deutschen  Vergangenheit,"  2.  Band, 
2.  Halfte  Innere  Politik.  Aussere  Politik.  Frei- 
burg, 1904.  This  volume  of  the  well  known 
Leipzig  historian  is  based  on  a  broad  and 
thorough  study  of  modern  Germany.  It  is 
greatly  to  be  regretted  that  no  translation  of 
it  exists  in  English. 

LICHTENBERGER,  H.:  "Germany  and  its  Evolu- 
tion in  Modern  Times."  Translated  from  the 
French  by  A.  M.  Ludovici,  New  York,  1913. 
An  investigation  of  the  spirit  of  Germany  in  its 
development.  One  of  the  very  best  books  in 
its  line,  written  from  a  highly  sympathetic  point 
of  view,  with  a  thorough  understanding  of  the 
spirit  and  forces  at  work  in  the  German  nation. 

JORDAN,  D.  S.:  "Alsace-Lorraine — A  Study  in 
Conquest."  In  "The  Atlantic  Monthly,"  Volume 
CXIII,  May,  pp.  688  ff.  A  critical  study  of  the 
conditions  of  Alsace-Lorraine  at  the  present  time, 
by  one  of  the  leading  American  peace  champions. 

FERRIS,  H.:  "Germany  and  the  German  Em- 
peror," New  York,  1912.  The  writer  attempts  to 
give  an  interpretation  of  the  Germanic  life  of 
to-day  by  the  aid  of  the  Germanic  past.  He 
makes  a  serious  and,  in  general,  successful  at- 

[281] 


GERMAN  GOVERNMENT  AND  POLITICS 

tempt  to  investigate  the  spirit  of  Germany.  It 
is  critical  but  not  prejudiced,  taking  generally 
the  view  of  the  German  Radicals. 

ONKEN,  H.:  "Germany  under  William  II," 
in  "The  Quarterly  Review,"  New  York,  October, 
1913.  A  very  interesting  outline  of  Germany's 
achievements  during  the  last  twenty-five  years. 

Government  and  Politics 

LOWELL,  A.  L.:  "Government  and  Parties  in 
Govern-  Continental  Europe,"  2  volumes,  Boston,  1896. 
aad  The  best  short  systematic  treatise.  Unfortunately 
politics  not  Up  to  date. 

OGG,  F.  A.:  "The  Governments  of  Europe," 
New  York,  1912.  Less  critical.  As  a  whole 
exact  and  good  for  less  advanced  students. 

BARKER,  J.  ELLIS:  "Modern  Germany.  Her 
Political  and  Economic  Problems.  Her  Policy, 
Her  Ambitions,  and  the  Causes  of  Her  Success 
and  of  Her  Failure."  Fourth  edition.  New 
York,  1912.  This  book  is  of  the  greatest  im- 
portance. It  is  written  with  a  thorough  and 
intelligent  understanding  of  German  home-poli- 
tics. Very  critical.  In  the  chapters  on  foreign 
politics  the  author,  a  German  renegade  (originally 
Eltzbacher),  is  inspired  by  blind  hatred  towards 
Germany.  The  reader  may  agree  with  the  writer 
or  not,  the  book  is  always  interesting. 

VERITAS    (Pseudonym):     "The   German    Em- 
pire of  Today,"  London,  1902.     An  appreciative 
[282] 


CRITICAL  BIBLIOGRAPHY 

study  of  some  activities  of  Germany;  not  always 
up  to  date. 

WHITMAN,  S.:  "Imperial  Germany,"  New 
York,  1897.  A  popular  book;  not  particularly 
important. 

BULOW,  B.  VON:  "Imperial  Germany."  Trans- 
lated from  the  German  by  M.  A.  Lewing.  New 
York,  1914.  An  account  of  Germany's  politics 
under  the  leadership  of  the  fourth  Chancellor,  by 
himself.  A  highly  valuable  and  interesting  book. 

COLLIER,  P.:  "Germany  and  the  Germans  from 
an  American  Point  of  View."  London,  1913. 
A  number  of  essays,  original,  critical  but  in  gen- 
eral pro-German.  It  is  one  of  the  best  journalistic 
products  concerning  Germany,  but  must  be  read 
cautiously. 

SCHIERBRAND,  WOLF  VON:  "Germany.  The 
Welding  of  a  World  Power."  New  York,  1905. 
A  journalistic  book.  In  his  endeavor  to  appear 
more  American  than  old-stock  Americans,  the 
author  often  loses  the  objective  view  and  forces 
himself  sometimes  to  an  extreme  anti-German 
attitude.  The  facts  are  frequently  incorrect. 

DAWSON,  W.  H.:  "The  Evolution  of  Modern 
Germany."  London,  2d  edition,  1909.  A  schol- 
arly book  by  a  very  well  informed  specialist  on 
German  economic  and  political  questions,  show- 
ing a  clear  understanding  of  Germany's  struggles 
and  aims. 

HOLLAND,  A.  W. :  "Germany  to  the  Present 
Day  —  A  Short  History."  London,  1913.  An 

[283] 


GERMAN   GOVERNMENT  AND   POLITICS 

appreciative,  brief,  popular  outline  of  modern 
Germany,  with  an  historical  introduction  of  Ger- 
many's past. 

BERRY,  R.  M.:  "Germany  of  the  Germans." 
New  York,  1910.  Much  read  in  the  United 
States.  A  journalistic  little  volume  written  with 
the  best  intentions  but  without  proper  understand- 
ing of  the  German  political  spirit. 

TOWER,  CH.:  "Germany  of  Today."  New 
York,  1913.  Journalistic,  not  always  exact  in 
details;  popular;  distinctly  from  the  English 
view-point,  but  without  prejudice  against  Ger- 
many. 

SCHROTER,  A.:  "Der  deutsche  Staatsbiirger," 
Leipzig,  1912.  An  account  of  the  modern  Ger- 
man political  spirit  and  institutions  from  the 
German  viewpoint. 

A  mass  of  authoritative  information  may  be 
found  in  the:  Handbuch  der  Politik,  Herausgege- 
ben  von  P.  Laband,  A.  Wach,  A.  Wagner,  G. 
Jellinck,  K.  Lamprecht,  F.  von  Liszt,  G.  von 
Schanz,  F.  Berolzheimer.  Berlin,  1912-13. 

Constitutional  Law 

The     Constitution    of    the    present    German 

Consti-      Empire  may  be  found  in  Howard,  B.  E.:   "The 

iaw°a       German     Empire";     Dodd,    W.     F.:    "Modern 

Constitutions,"  Volume  I;    James,  E.  J.:    "The 

Federal   Constitution   of  Germany,"   2d   edition, 

in   "Publications  of  the  University  of  Pennsyl- 

[284] 


CRITICAL  BIBLIOGRAPHY 

vania.     Series  in  Political  Economy  and  Public 
Law."  No.  7. 

The  other  Constitutions  mentioned  in  the  his- 
torical introduction  are  given  in  absolutely  ac- 
curate copies  from  the  original  in  the  collection 
of  constitutions  edited  by  K.  Binding:  In  one 
volume,  "Die  Konfoderations-Akte  der  Rheini- 
schen  Bundesstaaten"  vom  12.  Juli  1806;  "Die 
deutsche  Bundes-Akte"  vom  8.  Juni,  1815;  "Die 
Wiener  Schluss-Akte"  vom  15.  Mai  1820.  Leip- 
zig, 1905.  In  another  volume,  "Die  Verfassung 
des  Deutschen  Reiches"  vom  28.  Marz  1849,  und 
"Die  Entwiirfe  der  sogenannten  Erfurter  Unions- 
verfassung"  (Marz  und  April,  1850).  Leipzig, 
1905.  In  a  third  little  volume,  "  Die  Verfassungen 
des  Norddeutschen  Bundes  vom  17.  April  1867, 
und  des  Deutschen  Reichs,  vom  16.  April  1871." 
Leipzig,  1907. 

Extracts  from  the  Deutsche  Bundesakte  in  Eng- 
lish are  given  in  Robinson,  J.  H.:  "Readings  in 
European  History,"  Boston,  1906. 

The  most  common  collection  of  the  important 
laws  of  the  Empire  is  Triepel,  H. :  "Quellensamm- 
lung  zum  Deutschen  Reichsstaatsrecht."  Tu- 
bingen, 1907.  Laws  which  are  not  contained  there 
may  be  found  in  the  Guttentagsche  (Berlin)  in- 
dividual edition  of  laws. 

The  standard  dictionary  is  Fleischmann,  M.: 
"  Worterbuch  des  deutschen  Staats-  und  Ver- 
waltungsrechts,"  1st  edition  1890,  2d  edition, 
Tubingen,  1911-1914.  3  volumes. 

[285] 


GERMAN  GOVERNMENT  AND  POLITICS 

The  standard  handbook  is  Hue  de  Grais: 
"  Handbuch  der  Verfassung  und  Verwaltung  in 
Preussen  und  dem  Deutschen  Reiche."  Berlin, 
1908. 

The  organization  of  the  different  Imperial 
offices  and  their  officers  are  given  in  the  "  Hand- 
buch fur  das  Deutsche  Reich,"  published  yearly 
by  the  Reicbsamt  des  Innern. 

BURGESS,  J.  W.:  "Political  Science  and  Com- 
parative Constitutional  Law."  2  volumes,  Boston, 
1893.  A  thorough  and  splendid  book,  which  will 
always  be  a  standard  work.  The  study  of  it  is 
indispensable  for  any  advanced  work  in  German 
government  in  American  universities. 

HOWARD,  B.  E.:  "The  German  Empire," 
New  York,  1906.  Based  on  the  study  of  constitu- 
tional law  in  German  universities.  Not  original, 
but  absolutely  scientific. 

WILSON,  W.:  "The  State."  Chapter  VII. 
Revised  Edition.  Boston,  1911.  A  brief  account 
of  the  government  of  Germany.  Recommended 
for  first  information. 

GIERKE,  O.:  "German  Constitutional  Law  in 
its  Relation  to  the  American  Constitution."  In 
"  Harvard  Law  Review,"  Volume  XXIII,  Cam- 
bridge, Mass.  A  sketch  of  the  German  Consti- 
tution compared  with  that  of  the  United  States 
and  England. 

LABAND,  P.:  "Das  Staatsrecht  des  Deutschen 
Reiches."  5th  edition  in  4  volumes.  Tubingen, 
1911.  The  great  standard  work  in  German 

[286] 


CRITICAL  BIBLIOGRAPHY 

constitutional  law.  It  must  be  read  by  every 
advanced  scholar  of  German  government.  The 
smaller,  one-volume  edition,  6.  Auflage  1912, 
"Deutsches  Reichsstaatsrecht,"  is  mostly  used 
by  students,  the  larger  edition  by  instructors. 

HAENEL,  A.:  "Deutsches  Staatsrecht."  Leip- 
zig, 1892.  A  most  profound  book,  historical  and 
philosophical.  Of  use  only  to  the  most  advanced 
students. 

ARNDT,  A.:  "Das  Staatsrecht  des  deutschen 
Reiches."  Berlin,  1901.  Valuable  especially  on 
account  of  the  constitutional  history  of  every 
political  institution. 

MEYER,  G.:  "Lehrbuch  des  deutschen  Staats- 
rechts."  Leipzig,  1899.  A  clear  and  good  text- 
book. 

ZORN,  PH.:  "Das  Staatsrecht  des  Deutschen 
Reichs."  I.  Band.  Das  Verfassungsrecht.  Ber- 
lin, 1895.  II.  Band.  Das  Verwaltungsrecht.  Ber- 
lin, 1897.  Two  valuable  volumes  of  a  leading 
authority  on  constitutional  law  in  Germany. 

Two  excellent  little  volumes  are:  Loening,  E.: 
"Grundziige  der  Verfassung  des  Deutschen 
Reichs."  Leipzig,  1901;  and  especially  Zorn, 
Ph.:  "Die  deutsche  Reichs- Verfassung."  Leip- 
zig, 1907. 

Good  commentaries  on  the  Constitution  are 
Arndt,  A.:  "Verfassung  des  Deutschen  Reichs. 
Mit  Einleitung  und  Kommentar."  Berlin,  1911. 

ZORN,  PH.:  "Die  Verfassungsurkunde  des  Deut- 
schen Reichs."  Berlin,  1895. 

[287] 


GERMAN  GOVERNMENT  AND  POLITICS 

SEYDEL,  M.  VON:  "Commentar  zur  Ver- 
fassungsurkunde  fur  das  Deutsche  Reich." 
Freiburg  i.B.,  1897.  Seydel's  commentary  is 
especially  interesting  since  he  applies  consistently 
his  theory  of  state  sovereignty  to  the  different 
articles  of  the  Constitution. 

V*  Combes  de  Lestrade,  "Les  Monarchies  de 
1'Empire  allemand."  Paris,  1904.  A  scholarly 
French  treatise  on  German  constitutional  law. 

The  best  treatise  on  the  constitutional  law  of 
Alsace-Lorraine  is  Fischbach,  O.:  "Elsass-Loth- 
ringen."  Tubingen,  1914.  Volume  XXI I  of  the  col- 
lection: "  Das  offentliche  Recht  der  Gegenwart." 
An  extensive  bibliography  may  be  found  there. 

BORGEAUD,  CHR.:  "Adoption  and  Amendment 
of  Constitutions,"  translated  by  E.  D.  Hazen  and 
J.  M.  Vincent.  New  York,  1895. 

BORNHAK,  C.:  "Wandlungen  der  Reichsver- 
fassung."  An  article  in  "Archiv  fur  offentliches 
Recht  26." 

LABAND,  P.:  "Die  geschichtliche  Entwickelung 
der  Reichsverfassung  seit  der  Reichsgriindung." 
In  "Jahrbuch  des  offentlichen  Rechts  der  Gegen- 
wart." Bd.  I,  1907.  Tubingen,  1907. 

An  account  of  the  constitutional  progress  of 
the  German  Empire  is  given  every  year  in  the 
"Jahrbuch  des  offentlichen  Rechts  der  Gegen- 
wart." Herausgegeben  von  Jellineck,  Laband 
und  Piloty.  Tubingen,  beginning  1907. 


[288] 


CRITICAL  BIBLIOGRAPHY 

Theoretical  Discussions  of  the  Nature 
of  the  Empire 

BRIE,  S.:  "  Bundesstaat.  Eine  historisch-dog- 
matische  Untersuchung."  Leipzig,  1874.  Theoret- 

LE  FUR,  L.:    "fitat  federal   et  confederation  cussions 
d'etat."     Paris,  1896.  about 

FREEMAN,  E.  A.:   "History  of  Federal  Govern-  nature 
ment,  from  the  Foundation  of  the  Achaian  League  of  the 
to  the  Disruption  of  the  United   States,   1863." 
Republished  with  the  addition  of  new  chapters 
on  Italy  and  Germany,  1893,  under  the  title  "His- 
tory of  the  Federal  Government  in  Greece  and 
Italy." 

SEYDEL,  M.  VON:  "Vortrage  aus  dem  allge- 
meinen  Staatsrecht,"  in  "Annalen  des  Deutschen 
Reichs"  Volumes  31-33. 

HAENEL,  A.:  "Studien  zum  Deutschen  Staats- 
recht," 2  volumes,  Leipzig,  1873  and  1888. 

HUDSON,  R.:  "The  North  German  Confeder- 
ation." In  "Political  Science  Quarterly,"  Vol- 
ume 61. 

Du  BUY,  J.:  "Two  Aspects  of  the  German 
Constitution."  New  Haven,  1894.  A  recom- 
mendable  doctor's  dissertation. 

SHEPHARD,  W.  J.:  "Tendencies  toward  Min- 
isterial Responsibility  in  Germany."  In  "The 
American  Political  Science  Review,"  Volume  V, 
No.  i.  This  article  represents  the  wishes  of  the 
Liberals  and  Radicals  in  Germany  as  actual 
tendencies.  It  is  very  interesting  since  it  gives 

[289] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  opinion  of  the  majority  of  scholars  in  the 
United  States. 

Statistics 

The  official  statistics  of  the  German  Empire 
statistics  have  been  published  by  Puttkammer  and  Miihl- 
brecht,  Berlin,  as  "Statistik  des  Deutschen 
Reichs,"  edited  by  the  Kaiserliche  Statistische 
Amt.  For  ordinary  purposes  the  statistical  year- 
book, Statistisches  Jahrbuch  fur  das  Deutsche 
Reich,  giving  in  a  condensed  form  all  the  more 
important  data,  is  a  sufficient  source  of  informa- 
tion. A  list  of  all  the  different  volumes  may  be 
obtained  from  Puttkammer  &  Miihlbrecht,  Berlin, 
by  asking  for  "Verzeichnis  der  Veroffentlichungen 
des  Kaiserlichen  Statistischen  Amtes." 


The  Kaiser 

STEINBACH,  R.:  "Die  rechtliche  Stellung  des 
The  Deutschen  Kaisers  verglichen  mit  der  des  Prasi- 
denten  der  Vereinigten  Staate.n  von  Amerika." 
Leipzig,  1903. 

BURGESS,  J.  W. :  "The  German  Emperor," 
in  "Political  Science  Quarterly,"  Volume  III. 

ZORN,  PH.:  "The  Constitutional  Position  of  the 
German  Emperor"  in  "Annals  of  the  American 
Academy  of  Political  Science,"  Volume  14. 

HUDSON,  R.:  "The  German  Emperor  and  the 
Federal  Council,"  in  "Political  Science  Quarterly," 
Volume  X. 

[290] 


CRITICAL  BIBLIOGRAPHY 

The  foregoing  monographs,  all  of  them  good, 
are  concerned  with  the  legal  position  of  the  Ger- 
man Kaiser.  The  following  literature  deals  with 
the  personality  and  political  position  of  the 
Kaisers: 

FORBES,  A.:  "William  of  Germany."  A  short, 
popular  biography  of  William  I.  New  York,  1888. 

The  correspondence  of  William  I  and  Bismarck 
with  other  letters  from  and  to  Prince  Bismarck. 
Translated  by  J.  A.  Ford.  New  York,  1903. 

POSCHINGER,  M.  VON:  "Life  of  the  Emperor 
Frederic."  Edited  from  the  German  of  M.  von 
Poschinger,  with  an  introduction  by  Sidney 
Whitman.  New  York,  1901.  Translated  and 
condensed  from  the  German  work  "Kaiser  Fried- 
rich.  In  neuer  quellenmassiger  Darstellung  von 
M.  von  Poschinger."  3  volumes.  Berlin,  1898- 
1900.  In  the  controversies  between  Bismarck 
and  Frederic  III  and  his  consort,  the  writer  takes 
a  decided  anti-Bismarck  point  of  view.  There 
are  few  English  people  who  do  justice  to  Bismarck 
in  this  regard.  Their  sympathy  goes  naturally 
with  the  daughter  of  Queen  Victoria,  with  English 
parliamentary  liberalism  against  Prussian  con- 
servatism. 

"  Kaiser  Friedrich  III.  Briefe,  Reden  und 
Erlasse."  Herausgegeben  von  G.  Schuster,  1907. 

(Anonymous)  "  The  German  Emperor  William 
II."  London,  1896. 

FREDERIC,  H.:  "The  Young  Emperor  William 
II  of  Germany."  New  York,  1891.  A  book  for 

[291] 


GERMAN  GOVERNMENT  AND  POLITICS 

the  general  public,  anti-Bismarck  in  regard  to 
Bismarck's  controversy  with  Empress  Frederic. 

SCHIERBRAND,  W.  VON:  "The  Kaiser's 
Speeches."  New  York,  1903.  A  selection  of  his 
earlier  speeches. 

Kaiserreden.  Edited  by  J.  J.  Weber.  Leip- 
zig, 1902. 

BURGESS,  J.  W.:  "The  German  Emperor  and 
the  German  Government."  New  York,  1909. 
An  address  delivered  before  the  Germanic  So- 
ciety of  America.  A  defense  of  the  views  of  the 
German  Emperor. 

FRIED,  A.  H.:  "The  German  Emperor  and  the 
Peace  of  the  World."  New  York,  1912.  A  book 
which  shows  Kaiser  Wilhelm  II  as  Peace  Lord. 
A  strong  book,  for  which  the  author  received  the 
Nobel  Prize  for  the  Promotion  of  Peace. 

Bismarck  Literature 

The  literature  in  regard  to  Bismarck,  his  per- 

Bismarck   sonality  and  his  politics,  is  enormous.     We  have 

tore          selected    the   most   important   books   in   German 

and  several  in  English  and  French.     Those  who 

are  interested  in  special  topics  will  find  a  good 

guide   in    the   selection    of   bibliography    in    the 

following: 

SINGER,  A.:  "Bismarck  in  der  Literatur.  Ein 
Bibliographischer  Versuch."  Wiirzburg,  1909. 

In  the  first  place  of  Bismarck  literature  stands 
his   great   auto-biography:     Bismarck,    Fiirst   O. 
von:  "Gedanken  und  Erinnerungen."    2  volumes. 
[292] 


CRITICAL  BIBLIOGRAPHY 

Stuttgart,  1898.  It  is  naturally  a  highly  sub- 
jective work  and  presupposes  an  intimate  knowl- 
edge of  German  and  European  politics.  It  is 
the  monumental  work  of  German  and  European 
politics  during  the  leadership  of  the  greatest 
statesman  of  the  second  half  of  the  nineteenth 
century.  It  is  translated  into  English  under  the 
title: 

"Bismarck:  The  Man  and  the  Statesman. 
Being  the  Reflections  and  Reminiscences  of  Otto, 
Prince  von  Bismarck.  Written  and  Dictated 
by  himself  after  his  Retirement  from  Office." 
Translated  from  the  German  under  the  Super- 
vision of  A.  J.  Butler.  New  York,  1899. 

Other  splendid  biographies  of  Bismarck  are: 

LENZ,  M.:  "Geschichte  Bismarcks."  Leipzig, 
1911. 

MARCKS,  E.:  "Bismarck.  Eine  Biographic." 
I.  Band.  Bismarcks  Jugend.  Berlin,  1910. 

ENGELHAAF,  G.:  "Bismarck.  Sein  Leben  und 
Sein  Werk."  Stuttgart,  1911. 

The  following  monographs  of  the  Bismarck 
specialist  H.  von  Poschinger  are  all  highly  recom- 
mended as  works  of  thorough  investigation  and 
study: 

"  Fiirst  Bismarck  als  Volkswirt."  5  volumes. 
Berlin,  1889-1891. 

"Fiirst  Bismarck  und  die  Diplomaten."  1852- 
1890.  Hamburg  1900. 

"  Fiirst  Bismarck  und  der  Bundesrat."  5  vol- 
umes. Stuttgart,  1897-1901. 

[293] 


GERMAN  GOVERNMENT  AND  POLITICS 

"  Bismarck  und  die  Parlamentarier."  3  vol- 
umes. Breslau,  1894-1896. 

In  regard  to  the  English  literature  we  refer 
once  more  to  Smith's,  M.,  little  biography:  "Bis- 
marck and  German  Unity."  New  York,  1910. 
Furthermore : 

LOWE,  CH.:  "Prince  Bismarck.  An  Historical 
Biography."  2  volumes.  London,  1887. 

STEARNS,  F.  P.:  "The  Life  of  Prince  Otto  von 
Bismarck."  London,  1899. 

Good  short  character  sketches  and  summaries 
of  Bismarck's  work  are  found  in: 

WHITE,  A.  D.:  "Seven  Great  Statesmen." 
New  York,  1910. 

SLOANE,  W.  M.:  "Bismarck  as  a  Maker  of 
Empire."  In  "  Political  Science  Quarterly."  Vol- 
ume 15. 

An  excellent  French  book  is  Matter,  P.:  "Bis- 
marck et  son  temps."  3  volumes.  Paris,  1905- 
1908. 

The  best  and  most  complete  collection  of  Bis- 
marck's speeches  is: 

KOHL,  H.:  "Die  politischen  Reden  des  Fiirsten 
Bismarck.  Historisch-kritische  Gesammtaus- 
gabe."  14  volumes.  Stuttgart,  1892-1905. 

A  valuable  little  volume,  which  will  prove  very 
useful  to  the  instructor,  is: 

KUHLENBECK,  L.:  "Otto  von  Bismarck.  Reden 
und  Ausspriiche  zur  deutschen  Reichsver- 
fassung."  Berlin,  1901. 

[294] 


CRITICAL  BIBLIOGRAPHY 

Chancellors  and  Secretaries  of  State 

As  an  introduction  to  this  study  may  be  read 
the  well-known  monograph: 

C6iiors 

DUPRIEZ,  LEON:  "Les  Ministres  dans  les  prin-  andSec- 
cipaux  pays  de  1'Europe  et  d'Amerique."  Tome 
I.  Cinquieme  partie.  Paris,  1892.  In  several 
points  now  antiquated.  Also  RAYNOLDS,  E.  V.: 
"Prussian  Ministries  and  Imperial  Rule,"  in 
"The  Yale  Review."  Volume  I,  No.  2. 

SHEPARD,  W.  J.:  "Tendencies  toward  Min- 
isterial Responsibility  in  Germany,"  in  "The 
American  Political  Science  Review."  Volume  V, 
No.  i;  with  which  article  we  absolutely  dis- 
agree. 

Documents  relating  to  the  chancellors  after 
Bismarck  are: 

CAPRIVI,  G.  L.  GRAF  VON:  "Die  Reden  des 
Grafen  von  Caprivi  im  deutschen  Reichstage, 
preussischen  Landtage  und  bei  besonderen  Anlas- 
sen."  1883-1893,  mit  der  Biographic  und  dem 
Bildnis,  herausgegeben  von  Rudolf  Arndt.  Ber- 
lin, 1894. 

Hohenlohe-Schillingsfiirst,  Ch.  K.  V.,  Memoirs 
of.  Edited  by  F.  Curtius.  English  Edition  su- 
pervised by  G.  W.  Chrystal.  New  York  1906. 
2  volumes.  These  memoirs,  certainly  not  pub- 
lished as  the  Prince  himself  would  have  desired, 
contain  an  indiscriminating  mass  of  trivial  and 
important  material,  mere  gossip  and  highly  valu- 
able facts  and  opinions  of  the  third  Chancellor. 

[295] 


GERMAN  GOVERNMENT  AND  POLITICS 

Consequently,  it  is  not  a  first-class  source  and  is 
to  be  used  very  cautiously. 

"Graf  Biilows  Reden;  nebst  urkundlichen  Bei- 
tragen  zu  seiner  Politik."  3  Bde.  1903-1909. 
Herausgegeben  von  O.  Hotzsch. 

Legislative  Department 

All  the  laws  and  ordinances  of  the  Empire  are 
Legis-  officially  published  in  the  "  Bundes-Gesetzblatt 
depart-  des  Norddeutschen  Bundes,"  since  1867.  Berlin. 
ment  Since  1871,  Reichs-Gesetzblatt,  Berlin. 

The  debates  of  the  Reichstag  since  the  existence 
of  the  parliament  are  printed  by  the  govern- 
ment as  "Stenographische  Berichte  des  Deut- 
schen  Reichstags.'* 

Organization,  rules  of  procedure,  biographies 
of  members,  statistics  in  regard  to  the  present 
Reichstag,  may  be  found  in  Hillger,  H.  Kiirschners 
"  Deutscher  Reichstag.  Biographisch-Statis- 
tisches  Handbuch.  XII.  Legislaturperiode." 
Berlin,  1912.  The  five  preceding  legislative 
periods  have  been  treated  in  similar  volumes. 

General  discussions  about  the  Reichstag  and 
Bundesrat  are  found  in: 

MARRIOT,  J.  A.  R.:  "Second  Chambers,  an 
Inductive  Study  in  Political  Science."  Oxford, 
1910. 

MOREAU,  F.  et  DELPECH,  J.:  "Les  Reglements 
des  assemblees  legislatives."  Paris,  1906-1907. 
2  volumes. 

Research  study  of  political  parties  in  Germany 

[296] 


CRITICAL  BIBLIOGRAPHY 

has  not  advanced  far  enough  to  have  produced  a 
standard  work.  The  programs  of  the  parties 
are  found  in  a  little  volume: 

MAHLER,  K.:  "Die  Programme  der  politischen 
Parteien  in  Deutschland."  Zusammengestellt  von 
Mahler,  K.  Leipzig,  1911.  A  translation  of  these 
programs  into  English  would  be  desirable. 

The  principles  and  history  of  each  party  are 
systematically  reviewed  by: 

GROTEWALD,  CHR.:  "Die  Parteien  des  deut- 
schen  Reichstags."  Leipzig,  1908. 

A  vivid  picture  of  the  spirit  of  the  parties  in 
the  Reichstag  are  the  essays  of  Fried  rich  Nau- 
mann:  "Die  politischen  Parteien."  Berlin,  1910. 

The  history  of  the  great  National-Liberal  Party 
is  found  in  the  excellent  biography  by: 

ONKEN,  H.:  "RUDOLPH  VON  BENNINGSEN:  Ein 
deutscher  liberaler  Politiker.  Nach  seinen  Brie- 
fen  und  hinterlassenen  Papieren."  2  volumes. 
Stuttgart,  1910. 

The  standard  work  of  the  history  of  the  Social- 
Democratic  Party  is: 

MEHRING,  F.:  "Geschichte  der  deutschen 
Socialdemokratie."  4  volumes.  Stuttgart,  1906. 

In  the  English  language  we  have  chapters  on 
party  history  in  Lowell's  and  Ogg's  books. 

A  very  brief  outline  on  the  subject  is: 

GORE,  J.  H.:  "Political  Parties  and  Party 
Policies  in  Germany."  New  York,  1903. 

The  Social-Democratic  party  is  treated  in  the 
following: 

[297] 


GERMAN   GOVERNMENT  AND   POLITICS 

DAWSON,  W.  H.:  "German  Socialism  and  Fer- 
dinand Lassalle."  London,  1891.  2d  edition. 

ELY,  R.  Th. :  "French  and  German  Socialism  in 
Modern  Times."  2  New  York,  1883. 

RUSSELL,  B.:  "German  Social  Democracy." 
New  York,  1896. 

These  treatises,  however,  do  not  embrace  the 
important  recent  developments. 

Every  student  should  read  K.  Marx  and  F. 
Engels,  "Das  Kommunistische  Manifest."  Lon- 
don, 1848.  Authorized  English  translation: 
"Manifesto  of  the  Communistic  Party,"  London, 
1888. 

The  Bundesrat  is  investigated  in  Robinson, 
J.  H.:  "The  German  Bundesrath.  A  Study  in 
Comparative  Constitutional  Law."  In  "  Publica- 
tions of  the  University  of  Pennsylvania."  Series 
in  Political  Economy  and  Public  Law.  No.  18. 
Philadelphia,  1906.  A  highly  commendable,  sci- 
entific, thorough  monograph. 

Foreign  Affairs  and  Military  Power 

The  following  books  are  the  leading  year-books 
Foreign  of  Germany,  England  and  France  in  regard  to 
and  foreign  affairs.  All  three  take  a  decidedly  national 

military       point  ofview: 

SCHIEMANN,  TH.:  "Deutschland  und  die  Grosse 
Politik."  Berlin  since  1900. 

"Annual  Register."  A  Review  of  Public  Events 
at  Home  and  Abroad.  London.  Beginning  1758. 

La  Vie  politique  dans  les  deux  mondes.     Publiee 

[298] 


CRITICAL  BIBLIOGRAPHY 

sous  la  direction  de  A.  Viallate.     Paris.     Since 
1906-1907. 

Excellent  historical  accounts  of  diplomacy  are: 

ROSE,  J.  H.:  "The  Development  of  the  Euro- 
pean Nations."  1870-1900.  New  York,  1905. 
Volume  I,  Chapter  VI  (The  German  Empire). 
Volume  II,  Chapter  I  (The  Triple  and  Dual 
Alliances). 

ONKEN,  H.:  "The  German  Empire."  In 
"Cambridge  Modern  History,"  Volume  XII  (The 
Latest  Age).  Chapter  VI.  New  York,  1910. 

A  source  of  the  very  greatest  importance  is 
naturally  Bismarck's  autobiography  (see  p.  293). 

The  French  version  of  the  1875  affair  is  best 
represented  in  the  book:  "An  Ambassador  of  the 
Vanquished."  Viscount  Elie  de  Gontant-Biron's 
Mission  to  Berlin,  1871-1877,  from  his  Diaries 
and  Memoranda  by  the  Duke  de  Broglie.  Trans- 
lated with  notes,  by  Vandarn,  Albert  D.  New 
York,  1896. 

The  fundamental  documents  of  the  formation 
of  the  Triple  Alliance  and  its  interpretation  are 
to  be  found  in  the  following  works,  besides  in 
Bismarck's  autobiography: 

"The  Memoirs  of  Francesco  Crispi."  Translated 
by  Mary  Prichard-Agnetti  from  the  documents 
collected  and  edited  by  Th.  Palamenghi-Crispi. 
3  volumes.  New  York,  1912,  1914. 

WERTHEIMER,  E.  VON:  "Graf  Julius  Andrassy. 
Sein  Leben  und  seine  Zeit."  Nach  Ungedruckten 
Quellen.  3  volumes.  Stuttgart,  1914. 

[299] 


GERMAN.  GOVERNMENT  AND  POLITICS 

The  French  view  of  European  diplomacy  after 
1870  is  given  by  Hanotaux,  G.:  "La  France  Vi- 
vante."  4  volumes.  Paris.  Translated  into 
English  by  Tarver,  J.  Ch.:  and  Sparvel-Bayley, 
E. :  "Contemporary  France."  4  volumes.  New 
York,  1903-1909. 

The  Dual  Alliance  and  its  relation  to  the  Triple 
Alliance  is  very  ably  treated  from  the  French 
point  of  view  by  Tardieu,  A.:  "France  and  the 
Alliances.  The  Struggle  for  the  Balance  of  Power." 
New  York,  1908.  Translated  from  the  French.  This 
is  one  of  the  very  best  books  on  modern  diplomacy. 

The  origin  and  basis  of  the  Dual  Alliance  is 
treated  in  a  monograph  by: 

GORLOF,  V.  DE:  "Origines  et  Bases  de  1' Alliance 
Franco-Russe."  Paris,  1913. 

The  diplomatic  history  of  the  Conference  of 
Algeciras  is  given  by  Tardieu,  A.,  in  his  mono- 
graph: "  La  Conference  d'Algeciras.  Histoire  Di- 
plomatique de  la  Crise  Marocaine."  (15  Janvier— 
7  Avril,  1906.)  Paris,  1908.  And  by:  Morel, 
E.  D. :  "Morocco  in  Diplomacy."  London,  1912. 

The  first  of  these  books  takes  the  side  of  the 
Triple  Entente  and  the  other  book  that  of  Ger- 
many. 

The  imperialistic  policy  of  modern  Germany  is 
ably  explained  and  defended  by  the  statesman  who 
helped  to  inaugurate  it  as  Secretary  of  Foreign 
Affairs  and  who  later  carried  it  on  as  its  leader, 
the  former  Chancellor  of  the  German  Empire, 
Prince  Bernhard  von  Billow,  in  his  book  "Im- 

[300] 


CRITICAL  BIBLIOGRAPHY 

perial  Germany."  Translated  by  M.  A.  Lewenz. 
New  York,  1914.  It  is  an  important  source  for  the 
understanding  of  Germany's  world  policy  under 
Kaiser  Wilhelm  II. 

REINSCH,  P.  S.:  "World  Politics  at  the  End 
of  the  Nineteenth  Century  as  Influenced  by  the 
Oriental  Situation,"  New  York,  1900,  shows  a 
careful  study  and  full  understanding  of  the  spirit 
and  character  of  Germany's  imperialism  seldom 
found  in  the  United  States. 

There  are  two  English  books  dealing  with 
Pan-Germanism.  The  one  is  written  by  an 
anonymous  writer: 

"The  Pan-Germanic  Doctrine.  Being  a  Study 
of  German  Political  Aims  and  Aspirations." 
London,  1904.  This  book  is  an  excellent  analysis 
of  Pan-Germanism,  and  deserves  to  be  better 
known.  The  author  shows  a  full  mastery  of  the 
difficult  question.  He  says:  "Officially  the  Ger- 
man government  has  nothing  to  do  with  it. 
The  two  things  must  be  kept  separate.  Pan- 
Germanism  as  expounded  by  the  League,  and 
German  forward  policy  are  not  one  and  the  same 
thing;  for  this  reason  German  politics  will  be 
avoided.  The  German  government  will  not  be 
described  as  benevolently  Pan-German." 

In  recommending  this  exposition  of  Pan-Ger- 
manism we  must  warn  against: 

USHER,  R.  G.:  "Pan-Germanism."  Boston, 
1913.  This  unfortunately  widely  known,  sensa- 
tional book  is  a  fantastic  creation,  a  product 

[30i] 


GERMAN  GOVERNMENT  AND  POLITICS 

of  Germanophobia.  "A  mass  of  dogmatism 
and  prognostication"  ("The  Nation,"  May 
22,  1913).  Says  the  Athenaeum,  the  English 
magazine  (April  26,  1913):  "We  feel  sure  that 
Dr.  Usher  wishes  well  to  England,  but  it  is  some- 
times necessary  to  pray  to  be  saved  from  one's 
friends,  and  a  book  such  as  this,  which  will 
attract  attention  abroad,  cannot  improve,  and 
may  possibly  embitter  our  relations  with 
Germany." 

An  excellent  volume,  welcomed  heartily  in 
Germany,  is: 

KURD,  A.  and  CASTLE,  A.:  "German  Sea  Power. 
Its  Rise,  Progress  and  Economic  Basis."  London, 
1913.  Although  patriotic  Englishmen,  who  be- 
lieve in  England's  absolute  supremacy  of  the  sea, 
they  are  far  from  chauvinism;  on  the  contrary, 
their  aim  is  to  promote  good  relations  between  the 
two  nations  by  destroying  misunderstandings  in 
regard  to  Germany's  and  England's  actual  naval 
policy. 

The  semi-official  year-book  for  Germany's  na- 
val interests  is: 

Nauticus,  "Jahrbuch  fur  Deutschlands  Seein- 
teressen."  Edited  since  1900.  Contains  also  a 
brief  account  of  Germany's  foreign  policy. 

Colonies 

A  bibliography  of  the  German  publications  on 
Colonies    colonies  is  published  annually  by: 

BROSE,  M.:  "Die  Deutsche  Kolonialliteratur." 
[302] 


CRITICAL  BIBLIOGRAPHY 

The  official  year-book  published  by  the  Colonial 
Office  in  Berlin  is  the  "  Koloniales  Jahrbuch." 

Other  official  publications  of  the  Foreign  Office 
(since  1908  the  Colonial  Office)  are: 

"Denkschrift  iiber  die  deutschen  Schutzge- 
biete";  since  1908  under  the  title  "Die  deutschen 
Schutzgebiete  in  Afrika  und  der  Siidsee";  pub- 
lished annually. 

The  "Weissbuch."  Official  Correspondence  re- 
lating to  German  possessions  in  Africa  and  the 
Pacific,  and  to  the  Congo,  Egypt  and  East  Asia. 
20  volumes.  Berlin,  1884-1900. 

The  official  organ  for  the  protectorates  in  which 
all  laws  and  ordinances  are  published  is  the 
"Deutsches  Kolonialblatt,"  published  since  1890. 

Kiao-chau  has  its  own  official  gazette,  the 
"Verordnungsblatt  fur  das  Kiautchaugebiet," 
published  by  the  Secretariat  of  the  Navy  since 
1903. 

An  annual  review  of  the  German  colonial  legis- 
lation is: 

"Die  deutsche  Kolonial-Gesetzgebung,"  her- 
ausgegeben  von  Riebow,  Zimmermann  etc.  Ber- 
lin since  1893. 

Short  English  treatises  on  German  colonies  are: 

KELLER,  A.  G.:  "The  Beginnings  of  German 
Colonization."  Yale  Review  X. 

KELTIE,  J.  S.:  "The  Partition  of  Africa."  2d 
edition,  London,  1895. 

JOHNSTON,  H.  H.:  "The  Colonization  of 
Africa."  Cambridge,  1899. 

[303] 


GERMAN  GOVERNMENT  AND  POLITICS 

JOHNSTON,  H.  H.:  "A  History  of  the  Coloniza- 
tion of  Africa  by  Alien  Races."  Cambridge,  1913. 

Among  the  mass  of  good  literature  in  German 
we  have  selected: 

ZIMMERMANN,  A.:  "Geschichte  der  Deutschen 
Kolonialpolitik."  Berlin,  1913. 

MEYER,  H.  (and  others):  "Das  deutsche  Ko- 
lonialreich.  Eine  Landerkunde  der  deutschen 
Schutzgebiete."  2  volumes.  1909-1911.  Two 
small  but  excellent  books  are: 

SCHNEE,  H.:  "Unsere  Kolonieen."  Leipzig, 
1908. 

HEILBORN,  A.:  "Die  deutschen  Kolonieen." 
Leipzig,  1912. 

Commerce,    Industry,  Social    Welfare 

DAWSON,  W.  H.:    "Social  Insurance  in  Ger- 

Com-        many."     1883-1911.     London,    1912.     A  serious 

industry,    treatise  on  the  history,  operation  and  results  of 

social        state   insurance   in   Germany.     Valuable,    as   all 

of  Dawson's  books. 

DAWSON,  W.  H.:  "Bismarck  and  State  Social- 
ism." London,  1891.  A  short  account  of  social 
legislation  in  Germany,  based  upon  a  good  knowl- 
edge of  the  German  sources  and  on  personal 
investigation  of  conditions  in  Germany. 

HOWARD,  E.  D.:  "The  Cause  and  Extent  of 
the  Recent  Industrial  Progress  in  Germany." 
Boston,  1907. 

ASHLEY,  A.:   "The  Social  Policy  of  Bismarck." 
With  a  preface  by  Schmoller,  Gustav  von.    Lon- 
[304] 


CRITICAL  BIBLIOGRAPHY 

don,  1912.  An  excellent  critical  study  with  a 
comparison  of  German  and  English  insurance 
legislation. 

ROBERTS,  E.:  "Monarchial  Socialism  in  Ger- 
many." New  York,  1913. 

HELFFERICH,  K.:  "Germany's  Economic  Prog- 
ress and  National  Wealth  1888-1913."  New 
York.  Germanistic  Society  of  America,  1914. 
A  little,  highly  interesting  study  which  has  justly 
attracted  attention. 

WELLS,  B.  W. :  "Compulsory  Insurance  in 
Germany."  In  "  Political  Science  Quarterly." 
Volume  6. 

HUEBNER,  S.:  "Relation  of  the  Government 
in  Germany  to  the  Promotion  of  Commerce." 
In  "Annals  of  the  American  Academy  of  Political 
and  Social  Science."  Volume  XXIV. 

Highly  valuable  material  may  be  found  in  the 
Investigations  of  the  National  Monetary  Com- 
mission of  the  United  States.  Printed  by  the 
Washington  Government  Printing  Office,  1910. 
T.  8:  German  Imperial  Banking  Laws.  Edited 
by  Koch,  Dr.  R.  Together  with  the  German 
Stock  Exchange  Regulations: 

German  Bank  Inquiry  of  1908-1909,  Steno- 
graphic Reports.  2  volumes. 

The  Reichsbank  1876-1900.  Published  under 
the  auspices  of  the  Reichsbank.  English  trans- 
lation made  for  the  Commission  by  Dr.  F.  C. 
Lieder. 

SCHUMACHER,  H.  A.:  "Concentration  of  Ger- 

[305] 


GERMAN   GOVERNMENT  AND   POLITICS 

man  Banking."    In  "Political  Science  Quarterly," 
Volume  22. 

"Festschrift  iiber  die  Tatigkeit  des  Vereins 
Deutscher  Eisenbahn-Verwaltungen  in  den  ersten 
50  Jahren  seines  Bestehens."  1846-1896.  Ber- 
lin, 1896. 

The  Judicial  Department 

Any  student  who  wants  to  do  special  work  in 

*he          this  field  will  find  an  excellent  critical  introduction 

depart-      and  bibliography  in  Borchard,  E.  M. i    "Guide  to 

ment         Law  of  Germany."     Washington,  1912.     Library 

of  Congress.     It   is   highly   desirable   that   such 

guides  written   by  competent  specialists   should 

exist  for  all  fields. 

BORCHARD,  E.  M.:  "Jurisprudence  in  Ger- 
many." In  "Columbia  Law  Review,"  April,  1912. 

VIERHAUS,  F.:  "Die  Entstehungsgeschichte 
des  Entwurfes  eines  Biirgerlichen  Gesetzbuches 
fur  das  Deutsche  Reich."  Berlin,  1888. 

HIGGINS,  A.  P.:  "The  Making  of  the  German 
Civil  Code."  In  "Journal  of  the  Society  of  Com- 
parative Legislation."  New  Series,  No.  XIII. 

The  best  English  translation  of  the  German 
Civil  Code  —  a  very  difficult  work  —  is  that  of  a 
Chinese:  Chung  Hui  Wang:  "The  German  Civil 
Code."  Translated  and  annotated  with  a  histori- 
cal introduction  and  appendix.  London,  1907. 

A  competent  criticism  may  be  found  in  the 
"Journal  of  the  Society  of  Comparative  Legisla- 
tion." New  Series,  Volume  VIII.  Written  by 

[306] 


CRITICAL  BIBLIOGRAPHY 

E.  J.  Schuster,  the  well-known  German-English 
specialist  in  German  law.  He  has  also  written  an 
excellent  treatise  on  the  Civil  Code. 

SCHUSTER,  E.  J.:  "The  Principles  of  the  Ger- 
man Civil  Law."  Oxford,  1907. 

The  Commercial  Code  is  translated  by  Platt, 
B.  A.:  "The  German  Commercial  Code."  Lon- 
don, 1900. 

Good  articles  on  other  parts  of  the  judicial 
department  of  Germany  are: 

NEITZEL,  W.  "Non-Contentious  Jurisdiction 
in  Germany."  In  "Harvard  Law  Review."  Vol- 
ume XXI. 

HIRSCHFELD,  J.:  "German  Courts  at  Work" 
in  "The  Journal  of  the  Society  of  Comparative 
Legislation."  New  Series,  No.  XXV. 

GARNER,  J.  W.:  "The  German  Judiciary,"  in 
"Political  Science  Quarterly,"  Volume  17  and 
Volume  1 8. 

WEINSTOCK,  H.:  "The  German  Courts  for  the 
Arbitration  of  Industrial  Disputes."  In  "Annals 
of  the  American  Academy  of  Political  and  Social 
Science,"  Volume  36. 

The  much  discussed  problem  of  Administrative 
Law  is  best  represented  on  the  one  hand  by  Dicey, 
A.  V.:  "Introduction  to  the  Study  of  the  Law 
of  the  Constitution."  Chapter  on  "Droit  Admin- 
istratif."  7th  edition,  1908. 

An  able  criticism  of  this  book  is:  Parker,  E.  M.: 
"State  and  Official  Liability"  in  "Harvard  Law 
Review,"  March,  1906. 

[307] 


GERMAN  GOVERNMENT  AND  POLITICS 

The  other  side  is  best  given  by: 

GOODNOW,  F.  J. :  "Comparative  Administra- 
tive Law,"  Volume  II,  pp.  216-239.  New  York, 
1893. 

Miscellaneous 

The  fundamental  question  of  physical  influence 
Miscei-     on  tne  political  character  of  the  people  and  their 

laneous        ...  ,.  ,   . 

institutions  is  discussed  in: 

RATZEL,  F.:  "Anthropogeographie  oderGrund- 
ziige  der  Anwendung  der  Erdkunde  auf  die 
Geschichte."  Stuttgart,  1882. 

RATZEL,  F.:  "Deutschland.  Einfiihrung  in 
die  Heimatkunde."  Leipzig,  1898.  A  small, 
beautiful  volume  of  the  great  German  scholar 
of  geography,  in  which  he  speaks  of  the  influence 
of  the  geographical  environment  on  the  German 
people. 

SCHONE,  E.:  "Politische  Geographic."  Leip- 
zig, 1911.  A  small  volume  based  upon  Ratzel's 
great  work. 

PARTSCH,  J.  F.  M.:  "Central  Europe."  New 
York,  1903.  Translated  from  the  German  by 
C.  Black.  " 

LYDE,  L.  W.:  "The  Continent  of  Europe." 
London,  1913.  Chapter  20  (Germany).  An 
anthropo-geographical  outline  of  Germany. 

WHITMAN,  S.:  "German  Memories."  New 
York,  1912.  Personal  memories  of  a  foreigner 
who  has  lived  in  Germany  for  a  long  time  as  a 
journalist  and  has  come  into  contact  with  many 

[308] 


CRITICAL  BIBLIOGRAPHY 

leading  Germans.  He  takes  a  very  sympathetic 
standpoint  towards  the  Germans. 

WILE,  F.  W.:  "  Men  around  the  Kaiser.  Mak- 
ers of  Modern  Germany."  Philadelphia,  1913. 
Short  biographies  and  character-sketches  of  lead- 
ing German  men  in  all  fields  of  activity  in  Modern 
Germany.  Good  for  general  information. 

WHITE,  A.  D.:  "Autobiography  of  Andrew 
Dickson  White."  New  York,  1905.  2d  volume. 
One  of  the  most  sympathetic  modern  autobiog- 
raphies, full  of  good  information  and  observation, 
by  a  cultured  American  scholar  and  diplomat  of 
the  very  highest  type. 


[309] 


OUTLINE   OF  THE   GOVERNMENT 

OF   THE   STATES  OF  THE 

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[316] 


INDEX 


[In  this  index  no  reference  has  been  made  to  titles  of  books  or  names  of 
authors  mentioned  in  the  Select  Bibliographies  at  the  end  of  each  chapter  or 
the  Critical  Bibliography  at  the  end  of  the  book.  But  names  and  authors 
quoted  or  referred  to  in  text  and  footnotes  have  been  indexed.] 


ABDUL  Aziz,  Sultan,  247 
Abteilungen,  of  Reichstag,  52, 

S4>  55 

Administration  of  German 
Empire,  civil  service,  117, 
118;  pensions,  119;  weights 
and  measures,  119,  120; 
currency  and  banking, 
120-122;  protection  of 
patents,  122,  123;  super- 
vision of  trade  and  in- 
dustry, 123-127;  state 
insurance,  127-132;  regu- 
lation of  medical  practice, 
132;  medical  and  veteri- 
nary police,  132,  133; 
increased  expenses  of,  134, 

135 

Administrative  Authority,  30, 
117 

Administrative  courts,  8,  in, 
198-204 

Administrative  law,  198-202 

Administrative  property,  140 

Afghanistan,  263 

Africa,  early  colonial  expe- 
riences in,  165 


Agadir,  252 

Agrarian  Union,  formation 
of,  205,  206,  210 

Agrarians,  opposition  of,  to 
Caprivi,  103;  to  develop- 
ment of  canals,  170;  in- 
fluence of,  205,  206,  210, 
228;  party  growth  of,  234 

Agricultural  interests,  sup- 
ported by  Conservatives, 
205,  206,  210 

Agriculture,  regulation  of,  41 

Albania,  255 

Albert,  Prince  Consort  of 
Great  Britain,  83,  84 

Alexander  II,  Czar,  237,  238 

Algeciras,  Conference  of,  248- 
250,  252 

Aliens,  naturalization  of,  6,  7 

A II gem  fine  Landrecbt,  183 

Alsace-Lorraine,  area  of,  3; 
religious  denominations  in, 
4;  representatives  of,  ad- 
mitted to  Bundesrat,  27; 
becomes  part  of  German 
Empire,  27;  special  priv- 
ileges of,  42;  representa- 

[317] 


INDEX 


tives  of,  in  Reichstag,  48; 
votes  of,  in  Bundesrat  given 
to  Prussia,  64,  65;  Bun- 
desrat committee  on,  67; 
governmental  authority  of 
Kaiser  over,  77;  Hohenlohe 
governor  of,  104;  separate 
Fiskus  of,  140;  railroads 
of,  140,  168;  army  of,  150; 
history  of,  176;  Germanic 
character  of  inhabitants 
of,  176,  177;  annexation  of, 
to  Germany,  177;  develop- 
ment of,  under  the  German 
Empire,  177-179;  present 
status  of,  180-182;  desire 
of  France  for  revanche  for 
loss  of,  236,  238,  254 
Alsatians,  in  Reichstag,  144, 

214,  234 
Amendments,      to      German 

Constitution,  24,  25 
Amtsanwalt,  197 
Amtsgericht,  192,  197 
Amtsrichter,  192 
Anhalt,  representation  of,  in 
Reichstag,  48,  in  Bundesrat, 
64 

Annual  Register,  105,  106 
Anti-Semitic  Party,  234 
Anti-Semitism,  208,  210 
Anti-socialist  legislation,  222- 

224,  227 

Appeal,  Courts  of,  192 
Army,    necessity    of   strong, 
2.  3>  I57-I59>  235;  service 
in,  duty  of  citizenship,  8; 

[318] 


increase  in  size  of,  31; 
finances  of,  32;  Kaiser 
Commander  in  Chief  of, 
77,  150;  reorganization  of 
Prussian,  by  William  I, 
80,  81;  reformation  of, 
by  Caprivi,  103;  suprem- 
acy of  Prussia  regarding, 
114;  increased  expenses 
of,  134;  additional  taxes 
caused  by  increase  of,  149- 
153;  military  service  in, 
153-156;  the  Septennate, 
226,  227,  235;  foreign 
policy  based  on  strength 
of,  235 

Arndt,A.,  cited,  25  n,33,  77  n 
Aufsichtsamt    fiir     Privatver- 

sicherungen,  204 
August  Treaty,  the,  19,  36 
Ausfiihrungsgesetze,  188 
Ausschusse,  66 

Austria-Hungary,  2,  13,  14; 
rivalry  with  Prussia,  15; 
excluded  from  Constitution 
of  German  Empire,  16;  left 
out  of  Deutsche  Zollverein, 
17;  war  with  Prussia,  18, 
19;  Bismarck's  leniency 
toward,  99;  commercial 
treaty  with,  103,  137; 
Bismarck's  cultivation  of, 
235;  treaty  between  Russia 
and,  236;  objection  of,  to 
terms  of  Peace  of  San 
Stefano,  237;  alliance  of 
1879  with  Germany,  238; 


INDEX 


formation  of  Triple  Alli- 
ance, 239;  alliance  with 
Germany  and  Russia,  239; 
strained  relations  with 
Russia,  241;  aids  Germany 
in  Morocco  crisis,  249; 
annexation  of  Bosnia- 
Herzegovina  by,  250;  the 
Great  War,  256 
Austrian  Code,  183 

BADEN,  area  of,  3;  joins 
North  German  Federation, 
22;  special  privileges  of, 
42,  121,  130  n;  reserved 
privileges  of,  43;  repre- 
sentation in  Reichstag,  48, 
in  Bundesrat,  64;  Civil 
Code  in,  183 

Bagdad  railway,  251,  252 

Balkan  League,  255 

Balkans,  attempts  of  Russia 
to  dominate,  236,  237,  255, 
256;  claims  of  Austria  on, 
236,  237;  peace  restored 
in,  by  Germany  and  Eng- 
land, 254 

Baltic  provinces,  242 

Bank,  Imperial,  42 

Banking,  regulation   of,  119- 

122 

Bankruptcy  Law,  191 

Barker,  J.  E.,  quoted,  94  n, 
156,  172;  cited,  173  n, 
231  n 

Bavaria,  area  of,  3;  demo- 
cratic tendency  of,  3,  4; 


joins  North  German  Feder- 
ation, 22;  contingent  of,  in 
German  Army,  31,  150, 
151;  criminal  military  law 
of,  32;  special  privileges  of 
42,43,  65,  118-121,  130  n, 
IS1*  I73»  *74>  203  n;  rep- 
resentation of,  in  Reichs- 
tag, 48,  in  Bundesrat,  64- 
66;  limitations  of,  on  mili- 
tary power,  77;  union  of, 
with  Prussia  advocated  by 
Hohenlohe,  104;  military 
budget  of,  145;  Civil  Code 
in,  183;  Oberstes  Landes- 
gericht  in,  193 
Bavarian  Farmers  Union, 

in  Reichstag,  234 
Bebel,  46,  222  n 
Belgium,  2,  137,  256 
Bennigsen,  216,  221,  225,  226 
Berlin,  Congress  of,  99,  237 
Bernhard,   Prof.   L.,  quoted, 

127,  128 

Besoldungsgesetz,  117 
Bethmann-Hollweg,  106,  253 
B.  G.  B.  (Biirgerliches  Gesetz- 
buch),    see    German    Civil 
Code 

Bismarck,  Herbert,  265 
Bismarck,  Prince,  policy  of, 
before  Austrian  war,  17, 
18;  "blood  and  iron"  doc- 
trine of,  18;  Constitution 
of  North  German  Federa- 
tion dictated  by,  19;  atti- 
tude of  toward  changes 

[319] 


INDEX 


in  Constitution,  24,  toward 
universal  suffrage,  46,  to- 
ward representation  of  all 
interests  in  Reichstag,  58; 
friendship  of  William  I  for, 
81  n,  83;  made  Minister 
of  William  I,  82;  genius 
and  power  of,  83;  opposi- 
tion of  Frederick  III  to 
policies  of,  84,  85;  rupture 
with  William  II,  95,  96; 
personality  and  importance 
of,  as  Chancellor,  98-102; 
resignation  of  Prussian 
premiership  by,  108  n; 
attitude  toward  Matri- 
kularbeitrage,  138;  protect- 
ive tariff  introduced  by, 
141;  Imperial  monopolies 
planned  by,  141,  142;  re- 
luctance of,  to  annex  Al- 
sace-Lorraine, 177,  235; 
struggle  with  Catholic 
Church,  217-219;  breach 
with  National  Liberal 
Party,  219-221;  dislike  for 
English  form  of  Govern- 
ment, 220;  anti-socialistic 
attitude  of,  221-224,  226; 
attitude  toward  tariff,  100, 
224,  225;  diplomacy  of, 
235-240;  policy  for  isola- 
tion of  France,  235,  238; 
cultivation  of  Austria  and 
Russia,  235;  leadership  of 
Congress  of  Berlin,  237; 
formation  of  alliances  with, 

[320] 


Italy,  Austria,  and  Russia, 
238»  239;  diplomatic  dom- 
ination of  Europe  accom- 
plished by,  239,  240;  Colo- 
nial policy  of,  261,  263- 
267;  quoted,  18,  20,  21, 
24  n,  39,  40,  47,  48,  95,  98, 
IOO,  IOI  n,  108,  109  n,  138, 
22471,  236,  252,  266,  267 

Bliicher,  79 

Blue-Black  Bloc,  39,  229,  230, 
232 

Blum,  H.,  cited,  241  n 

Bodin,  cited,  36 

Boer  war,  93,  94,  245 

Bonaparte,  Napoleon,  see 
Napoleon 

Bonn,  University  of,  83,  88 

Borchard,  E.  M.,  quoted  on 
187,  188 

Bosnia,  237 

Bosnia-Herzegovina,  250 

Braunschweig,  representation 
of,  in  Reichstag,  48,  in 
Bundesrat,  64 

Bremen,  special  privileges  of, 
42;  reserved  privileges  of, 
43,  44;  representation  of,  in 
Reichstag,  48,  in  Bundesrat, 
64;  naval  docks  at,  162 

Brunswick,  64 

Bucher,  Lothar,  19 

Budget,  controlled  by  Reichs- 
tag, 28,  145,  146;  military, 
32,  145;  constitutional  pro- 
vision for,  144,  145;  work- 
ings of,  145,  146 


INDEX 


Billow,  Prince,  resignation 
°f>  39»  93>  94»  I06»  chan- 
cellorship of,  104-106,  230, 
232;  quoted,  40  n,  243, 
249,  250,  2Sin,  254 

Bulgaria,  255 

Bund  der  Landwirte,  205,  206 

Bundesacte,  14  n 

Bundesrat,  of  German  Em- 
pire, power  of,  to  defeat 
constitutional  amend- 
ments,  24,  to  decide  con- 
stitutionality, 25;  repre- 
sentation of  Alsace-Lor- 
raine in,  27;  increased  im- 
portance of,  28;  members 
of,  38;  legislative  powers 
of,  45;  members  of,  ad- 
mitted to  Reichstag,  55, 
68;  composition  of,  64;  or- 
ganization of,  65-67;  posi- 
tion of  members  of,  67,  68; 
functions  of,  68-70;  judi- 
cial powers  of,  70;  charac- 
ter and  principles  of,  72, 
73;  personnel  of,  73;  law- 
making  process,  110-116; 
coinage  regulated  by,  120; 
financial  reforms  proposed 
by,  142,  143;  budget  fixed 
by,  145,  146;  control  over 
finances  by,  146;  control 
of  railroad  rates  by,  168 

Bundesrat,  of  the  North 
German  Federation,  22,  74 

Bundestag,  organ  of  the  Deut- 
sche Bund,  14;  functions 


of,   14,   15;     reestablished, 

17;  corresponds  to  Bundes- 

rat, 64 
Bundesversammlung,  see  Bun- 

destag 
"Bureau,"  of  the  Reichstag, 


CANALS,  importance  and  de- 
velopment of,  170-173 

Cape-Cairo  telegraph  line, 
German  concessions  to,  245 

Capital  punishment,  190 

Caprivi,  made  Chancellor, 
102;  character  and  ad- 
ministration of,  103,  228, 
229;  resignation  of  Prus- 
sian premiership  by,  108  n; 
second  head  of  navy,  160; 
commercial  treaties  made 
by,  103,  137,  228;  destruc- 
tion of  Bismarck's  diplo- 
matic structure  by,  240 

Caroline  Islands,  sold  by 
Spain  to  Germany,  265 

Cartel  Reichstag,  227,  228 

Catholic  Church,  struggle  of 
Empire  with,  217-219 

Catholics,  proportion  of,  in 
Germany,  4,  in  Reichstag, 
62,  in  Center,  206,  210, 
in  colonies,  274;  control  of 
Clerical  Party  by,  210.  See 
also  Clerical  Party 

Center,  the,  in  Reichstag,  53, 
60,214;  attitude  of,  toward 
Alsace-Lorraine,  181;  com- 


INDEX 


position  of,  206,  210,  211. 
See  also  Clerical  Party 

Chancellor,  Imperial,  ap- 
pointed by  Kaiser,  29,  76; 
must  be  Prussian  Prime 
Minister,  30,  97,  108;  re- 
sponsibility for  military 
budget,  32,  for  Kaiser's 
acts,  78,  79,  97;  chairman 
of  Bundesrat,  65,  97;  con- 
stitutional position  of,  97, 
98;  Bismarck,  98-102; 
Caprivi,  102,  103;  Hohen- 
lohe,  103,  104;  Billow, 
104-106;  von  Bethmann- 
Hollweg,  106;  head  of 
Reichsbank,  122 

China,  135,  244,  245 

Citizenship,  German,  means 
of  acquiring,  5-7;  loss  of, 
7,  8;  duties  pertaining  to, 
8;  suffrage  conferred  by,  50 

Civil    Service,   5,    117,    118, 

154 

Civil  Service  Law,  Imperial, 
see  Reichsbeamtengesetz 

Clausula  Frankenstein,  26, 
139,  142 

Clerical  Party,  39;  repre- 
sentation of,  in  Reichstag, 
49,  54,  6l,  72;  seating  of, 
in  Reichstag,  53;  Bis- 
marck's struggle  with,  99, 
100;  Billow's  struggle  with, 
106;  principles  of,  207, 
210,  211;  struggle  with 
government  over  Papal 

[322] 


authority,  217-219;  history 

of,  217-234 
Code  Napoleon,  183 
Collier,  Price,  quoted,  96 
Colmar,  179 

Commerce,  foreign,  164,  165 
Commercial     treaties,     with 

foreign      countries,       103, 

137 

"Communist  Manifesto,"  222 
"Confederate  Execution,"  15 
Conservative  Party,  39,  47; 
representation  of,  in  Reichs- 
tag, 49.  53,  54>  62,  72; 
seating  of,  in  Reichstag,  53; 
opposition  of  Billow  to, 
106;  attitude  toward  Al- 
sace-Lorraine, 181,  182; 
composition  and  principles 
of,  205-210;  history  of, 

215-234 

Constantinople,  visit  of  Wil- 
liam II  to,  252 

Constitution  of  German  Em- 
pire, citizenship  under,  5; 
lacks  "bill  of  rights,"  7; 
adopted  by  St.  Paul's 
Parliament,  16;  adoption 
of  present,  22,  23;  changes 
in,  by  amendment,  24-27; 
legislative  powers  of  Reichs- 
tag and  Bundesrat  under, 
45;  pri  ileges  of  Reichs- 
tag members  under,  57; 
organization  of  Bundesrat 
under,  65-72;  power  con- 
ferred on  Kaiser  by,  76,  77; 


INDEX 


position  of  Chancellor  un- 
der, 97,  98;  law-making 
process  under,  110-116; 
internal  administration  un- 
der, 117;  regulation  of 
medical  practice  under, 
132,  133;  army  organiza- 
tion based  on,  150,  151; 
government  ownership  of 
railroads  under,  167,  168; 
Imperial  posts,  telegraphs, 
and  telephones  under,  173, 
174;  administrative  law 
based  on,  202.  Set  also 
Reichsverfassung 

Constitution,  of  the  North 
German  Federation,  21,  74 

Constitution,  of  Prussia,  7 

Consular  officers,  8,  134  n, 
258 

Coolidge,  A.  C.,  cited,  246  n 

Courts,  creation  of,  30,  31; 
inability  of,  to  pass  upon 
constitutionality  of  laws, 
115,116;  disciplinary,  1 18; 
organization  of,  191-194. 
See  also  Administrative 
Courts 

Credit,  of  states,  41 

Crimen  laesae  majestatis,  see 
Lese-Majeste 

Criminal  Law,  188-191 

Criminal  Law  Code,  quoted, 
8  n,  51,  52 

Criminals,  7,  8 

Crown  Prince,  see  Frederick 
William 


Currency,  regulation  of,  119- 

122 
Customs  Duties,  136,  137 

"  DAILY    TELEGRAPH,"    the, 

interview    of   William    II 

with,  92,  93,  250 
Damascus,  visit  of  William  II 

to,  252 
Danes,      in     population     of 

Germany,  4;    in  Reichstag, 

214 
Danish  Law,  of  Christian  V, 

in  Schleswig-Holstein,  183 
Danzig,  161 
Delcasse,  247,  248 
Denmark,  2,  84 
Dernburg,  267,  268 
Deutsche  Bund,  14-16 
Deutsche   Kolonialgesellscbaft, 

261 

Deutsche  Zollverein,  17 
Deutscher  Kaiser,  see  Kaiser 
Deutscher  Kolonialverein,  261 
Deutsches  Reich,  see  German 

Empire 

Dicey,  cited,  201 
Diplomatic  officers,  8,   257, 

258 
Disciplinary       Courts,       see 

Courts 

Dispositionsfond,  78 
Dissidents,  in  Reichstag,  62 
Disziplinarhof,  118,  119 
Disziplinarkammern,  118 
Divorcees,  citizenship  of  for- 
eign, in  Germany,  5 

[323] 


INDEX 


Dollinger,  Prof.,  opposition 
of,  to  Papal  Infallibility, 
218 

Dreibund,  see  Triple  Alliance 

Dnikonigsbund,  16 

Dual  Alliance,  formation  of, 
by  France  and  Russia, 
241-243;  German  domina- 
tion of  Europe  overthrown 
by,  242,  243 

Du  Buy,  Dr.,  cited,  37 

ECONOMIC  UNION,  composi- 
tion and  principles  of, 
206,  207,  209 

Egypt,  264 

Eicbungsdmter,  119 

Elections,  to  Reichstag,  50-53 

Elector,  the  Great,  157,  170, 
260  n 

Emigration,  from  Germany, 
261,  262 

Engels,  222 

Engere  Rat,  14 

England,  see  Great  Britain 

Erbrecht,  1 88 

Erfurt,  Parliament  of,  19 

Espionage  Law,  191 

Excise  taxes,  137 

Exemptionsprivilegien,  42-44 

Exports,  increase  of,  164 

Extradition,  8 

Familienrecbt,  1 88 
Farmers'  Union,  103 
"Federal  execution,"  77 
Feldzugmeisterei,  149 


Ferrier  Ministry,  in  France, 
265 

Finances,  state  and  Imperial, 
26,31;  of  army,  32;  state, 
41;  increased  expenses  of 
Empire,  134,  135;  sources 
of  income,  135-140;  debts 
of  Empire,  140-142;  un- 
satisfactory condition  of 
Imperial,  142,  143;  budget, 
144-146;  control  over  Im- 
perial, 146,  147;  collection 
of  Imperial  revenues,  148 

Fiskus,  32,  140 

Forbes,  cited,  80 

Foreign  affairs,  administered 
by  Empire,  41,  256-258; 
Bundesrat  committee  on, 
66;  in  hands  of  Kaiser,  76, 
256-258 

Foreign  Office,  organization 
of,  256,  257;  Diplomatic 
service,  257;  Consular  serv- 
ice, 258 

Foreign  policy,  235-256 

Fortscbrittlicbe  Polkspartei, 
225 

Fortscbrittspartei,  2i6n 

France,  2;  protectorate  over 
Rkeinbund,  13;  Germany's 
first  war  with,  21,  46;  am- 
bition of,  for  colonial  em- 
pire, 88;  William  II  arouses 
hostility  of,  93;  Bismarck's 
preparation  for  war  with, 
99;  Germany's  policy  for 
isolation  of,  235,  238;  dip- 


INDEX 


lomatic  crisis  of  1875  with 
Germany,  235,  236;  desire 
for  revanche,  236,  238,  254; 
Dual  Alliance  formed  with 
Russia,  241-243;  opposi- 
tion to  Japan,  244;  rap- 
prochement with  England, 
246-248;  Morocco  affair, 
247-249,  25 1-254;  strained 
relations  with  Germany, 
256;  the  Great  War,  256 
Franchise,  of  the  Reichstag, 

46,50 

Franco-German  War,  84, 
140,  141,  178 

Frankfort  Assembly  of 
Princes,  19 

Frankfort-on-the-Main,  14, 
15, 17;  annexed  by  Prussia, 
19;  vote  of,  in  Bundesrat 
given  to  Prussia,  64 

Franz  Ferdinand,  Archduke, 
assassination  of,  256 

Frederick  II,  of  Prussia  (the 
Great),  82,  83,  158,  170 

Frederick  III,  as  Crown 
Prince,  quoted,  40  n;  suc- 
ceeds William  I,  83;  early 
life,  83;  marries  Princess 
Victoria  of  England,  84; 
dissatisfaction  with  Min- 
istry of  Manteuffel,  84; 
opposition  to  policies  of 
Bismarck,  84-86;  takes 
part  in  war  with  Denmark, 
84;  military  ability  of,  84, 
85;  interest  in  social  re- 


form, 85;  becomes  Regent, 
85;  illness  and  death,  85, 
86;  liberalism  of,  86;  suc- 
ceeded by  William  II,  87 

Frederick  William,  of  Bran- 
denburg, see  Elector,  the 
Great 

Frederick  William  I,  158 

Frederick  William  III,  of 
Prussia,  79 

Frederick  William  IV,  of 
Prussia,  16,  19 

Frederick  William,  Crown 
Prince,  quoted,  12 

Free  Catholics,  proportion  of, 
in  Reichstag,  62 

Free  Conservative  Party,  rep- 
resentation of,  in  Reichstag, 
53;  composition  and  prin- 
ciples of,  206,  207,  209; 
history  of,  216-234 

Free  Thinkers,  proportion  of, 
in  Reichstag,  62 

Free  Thinking  People's  Party, 
225 

Free  Thinking  Union,  225 

Free  Trade,  Bismarck's  atti- 
tude toward,  100,  224,225; 
political  support  of,  207 

Freisinnige  Vereinigung,  22$ 

Freisinnige  Folkspartei,  225 

French,  in  population  of 
Germany,  4 

Fried,  A.  H.,  cited,  89  n 

Gefdngnis,  191 

Geheime  Justizrat,  193  n 

[325] 


INDEX 


Genuine  Deutsche  Recht,  183 

Genossenschaftsdmter,  204 

Gericbtsdiener,  198 

Gerichtssekretdre,  198 

Gericbtsverfassungsgesetz,    191 

Gerichtsvollzieher,  198 

German  Civil  Code,  history  of, 
183-187;  scope  of,  187-188 

German  Colonial  Club,  261 

German  Colonial  Society,  261 

German  Colonies,  area  of, 
3;  increased  expenditures 
on,  135;  naval  protection 
needed  for,  165,  166;  need 
for,  261,  262;  acquisition 
of,  263-266;  early  attitude 
of  England  toward,  263; 
colonial  policy,  267,  268; 
administration  of,  268, 
269;  territory  of,  269;  sub- 
jects in,  270;  government 
of,  270-274 

German  Confederation,  of 
1815,  see  Deutsche  Bund 

German  Customs  Union,  see 
Deutsche  Zolhertin 

German  East-Africa,  bound- 
ary settlement  with  Eng- 
land, 241;  concessions  to 
England  in,  245;  occupa- 
tion of,  by  Germany,  264, 
265;  administration  of, 
271  n,  272;  military  organ- 
ization of,  273;  finances  of, 
273.  274 

German  East-African  Society, 
264 
[326] 


German  Empire,  territory 
and  climate  of,  i,  2; 
neighbors  of,  2;  effect  of 
location  on,  2,  3,  n,  12, 
IS%>  IS9>  area  of,  3;  colo- 
nial possessions  of,  3;  po- 
litical divisions  of,  3,  4; 
population  of,  4;  religious 
denominations  in,  4,  5; 
citizenship  in,  5-9;  in- 
stitutions of,  influenced 
by  racial  character,  9-12; 
causes  leading  up  to  forma- 
tion of,  13-20;  adoption 
of  Constitution  of,  22,  23; 
birth  of,  22,  23;  develop- 
ment of  Constitution  of, 
24-29;  increased  impor- 
tance of  the  Bundesrat,  28, 
of  the  Reichstag,  28,  29, 
of  the  Kaiser,  29,  30;  ad- 
ministrative centralization 
of,  30;  courts  of,  30,  31; 
administration  of  legisla- 
tion of,  31;  military  cen- 
tralization of,  3 1,  32;  struc- 
ture of,  33;  nature  of,  33- 
38;  relation  of,  to  the 
states,  40-42;  special  privi- 
leges of  states,  42-44 ;  leg- 
islative powers  of  Reichs- 
tag and  Bundesrat,  45,  46; 
universal  suffrage  in,  46- 
48;  constituencies  in  the 
Reichstag,  48-50;  qualifi- 
cations of  voters  in,  50; 
elections  to  Reichstag,  50- 


INDEX 


53;  conduct  of  business  of 
Reichstag,  54-56;  personnel 
of  Reichstag,  59-62;  com- 
position of  Bundtsrat,  64; 
organization  of  Bundesrat, 
65-67;  functions  of  Bun- 
desrat, 68;  praesidium  of, 
conferred  on  Prussia,  74; 
functions  and  powers  of 
Kaiser,  75-78;  William  I, 
79-83;  Frederick  III,  83- 
87;  William  II,  87-96; 
chancellorship  of  Bismarck, 
98-102;  of  Caprivi,  102, 
103;  of  Hohenlohe,  103, 
104;  of  Billow,  104-106; 
of  von  Bethmann-Hollweg, 
106;  vice-chancellorship, 
107;  leadership  of  Prussia 
in,  108;  law-making  proc- 
ess of,  111-116;  internal 
administration  of,  117-133; 
pensions,  119;  weights  and 
measures,  119,  120;  cur- 
rency and  banking,  120- 
122;  protection  of  patents, 
122,  123;  supervision  of 
trade  and  industry,  123- 
127;  state  insurance,  127- 
132;  regulation  of  medical 
practice,  132;  medical  and 
veterinary  police,  133,  134; 
finances  of,  134-148;  in- 
creased expenditures  of, 
r34>  T35;  sources  of  income 
of,  135-140;  Imperial  prop- 
erty of,  140;  debts  of,  140- 


142;  unsatisfactory  condi- 
tion of  finances,  142,  143; 
increased  army  taxes,  143, 
144;  workings  of  the  bud- 
get, 144-146;  control  over 
finances  of,  146-147;  or- 
ganization of  army  of, 
149-153;  military  service 
in,  153-156;  need  for 
strong  army,  157-159;  or- 
ganization of  navy  of, 
160-162;  need  for  ade- 
quate navy,  162-166;  rail- 
roads of,  167-170;  canals 
of,  171-173;  posts,  tel- 
egraph and  telephone  serv- 
ice of,  173-175;  Civil 
Code  of,  183-188;  crim- 
inal law  of,  188-191;  or- 
ganization of  courts  of, 
191-194;  judicial  officers 
of,  196-198;  administra- 
tive law,  198-202;  ad- 
ministrative courts,  198- 
204;  political  parties  in, 
205-214;  party  history  in 
Reichstag,  214-234;  foreign 
policy  of,  235-258;  alli- 
ance of  1879  with  Austria, 
238;  formation  of  Triple 
Alliance,  239;  alliance  with 
Austria  and  Russia,  239; 
diplomatic  domination  of 
Europe,  239,  240;  alliance 
with  Russia  dissolved,  240; 
friendship  with  England, 
241;  tariff  war  with  Rus- 


INDEX 


sia,  242;  domination  of 
Europe  overthrown  by 
Dual  Alliance,  242;  grad- 
ual return  of  world- 
policy,  244;  policy  of,  in 
Far  East,  244;  naval  in- 
crease, 244;  increasing  hos- 
tility toward  England,  244- 
246;  attempts  of  England 
to  isolate,  246-250;  Mo- 
rocco affair,  247-249,  251- 
254;  Russia  forced  to  give 
way  to  Austria  in  Balkans 
by,  250;  Bagdad  Railway, 
251,  252;  friendship  for 
Turkey,  251,  252;  har- 
monious action  with  Eng- 
land in  Balkan  settlement, 
254;  strained  relations  in 
Europe,  255,  256;  the 
Great  War,  256;  need  for 
colonies,  261-262;  acquisi- 
tion of  colonial  depend- 
encies, 263-266;  colonial 
policy,  267,  268;  adminis- 
tration of  colonies,  268, 
269;  territory  of  colonies, 
269;  government  of  col- 
onies, 270-274 

German  Kaiser,  title  of,  given 
to  King  of  Prussia,  74,  75 

German  people,  racial  char- 
acter of,  9-11;  military 
virtues  of,  n,  12 

German  Protectorates,  citi- 
zenship in,  5,  270;  govern- 
mental authority  of  Kaiser 

[328] 


over,  77,  270;  separate 
Fiskus  of,  140;  separate 
budgets  of,  145;  govern- 
ment of,  270.  See  also 
German  Colonies 

German  South-West  Africa, 
revolts  in,  135,  230;  occu- 
pation of,  263,  264;  ad- 
ministration of,  271  n,  272; 
military  organization  of, 
273;  finances  of,  273 

German  Union,  5 

Geschaftsordnung,  cited,  112  n 

Gesetz,  see  Law 

Gesundheitsamt,  132,  135 

Gewerbe-Ordnung,  123-127, 
191 

Gewerbegerichte,  127 

Gierke,  Prof.,  cited,  186;  187  n 

Gladstone,  263,  265 

G.  O.,  see  Gewerbe-Ordnung 

Gold  standard,  120 

Goodnow,  F.  J.,  202  n 

Gortchakoff,  236,  241 

Gotha,  Congress  of,  222 

Government  Printing  office, 
income  from,  140 

Great  Britain,  cities  of,  com- 
pared with  Germany,  4  n; 
William  II  arouses  hostil- 
ity of,  92-94,  244;  Bismarck 
reconciles  Russia  with,  99; 
opposition  of,  to  growth  of 
German  navy,  162,  163; 
railroad  development  of, 
compared  with  Germany, 
169;  objection  of,  to  Peace 


INDEX 


of  Stefano,  237;  Russia 
joins  Germany  and  Austria 
against,  239;  friendship 
of,  secured  by  Bismarck, 
240;  cedes  Heligoland  to 
Germany,  241;  increasing 
hostility  to  Germany,  244- 
246;  rapprochement  be- 
tween France  and,  246; 
attempts  of,  to  isolate  Ger- 
many, 246-250;  Morocco 
crisis,  247-249,  251-254; 
partition  of  Persia  with 
Russia,  251,  252;  harmo- 
nious action  with  Germany 
in  Balkan  settlement,  254; 
the  Great  War,  256;  early 
indifference  of,  to  German 
colonization,  263,  265 

Greece,  255 

Grotewald,  Chr.,  cited,  206  n 

Guam,  161  n 

Guardianship,  195,  196 

Guelphs,  214,  234 

Guilds,  124-126 

HANEL,  ALBERT,  cited,  34, 
109  n 

Hamburg,  special  privileges 
of,  42;  reserved  privileges 
of,  43,  44;  representation 
of,  in  Reichstag,  48,  in 
Bundesrat,  64;  Imperial 
naval  observatory  at,  161; 
docks  at,  162 

Hanover,  16,  64 

Hansabund,  formation  of,  206 


Hanse  cities,  17,  44 

Health  Office,  132,  135 

Helfferich,  K.,  cited,  169  n 

Heligoland,  made  German 
territory,  27;  acquired 
through  Caprivi,  103,  241; 
inhabitants  of,  exempt  from 
military  service,  153;  naval 
center  at,  161 

Herzegovina,  236.  See  also 
Bosnia-Herzegovina 

Hesse,  area  of,  3;  joins  North 
German  Federation,  22; 
representation  of,  in  Reichs- 
tag, 48,  in  Bundesrat,  64 

Hesse,  Electoral,  votes  of,  in 
Bundesrat  given  to  Prussia, 
64 

Hesse  Nassau,  Electorate  of, 
annexed  by  Prussia,  19 

Higgins,  A.  P.,  cited,  187  n 

Hinzpeter,  Dr.,  tutor  of 
William  II,  88,  95  n 

Hodel,  attempt  of,  to  assas- 
sinate William  I,  85 

Hohenlohe  -  Langenburg, 
Prince  von,  261  n 

Hohenlohe  -  Schillingsfurst, 
Prince  zu,  quoted,  92;  char- 
acter and  administration 
of,  as  Chancellor,  103,  104, 
230;  return  of,  to  Bis- 
marck's diplomacy,  244; 
resignation  of,  from  Colo- 
nial Department,  267 

Hohenzollern,  House  of,  n, 
80,  83, 156 

[329] 


INDEX 


Holland,  2 

Holstein;  17,  19,  64 

Holy  Roman  Empire,  end  of, 

13;     Alsace-Lorraine    part 

of,  176 
House  of  Commons,  English, 

personnel  of,  62 

"  IMPERIAL  GAZETTE,"   115, 

140 
Imperial   Law,  see  Reichsge- 

setz 

Imperial  officers,  117,  118 
Imperial  Veterans'  Fund,  140, 

H7 

Imperialism,  212 

Imports,  increase  of,  164 

Industrial  interests,  political 
representation  of,  205-207 

Industry,  regulation  of,  by 
G.  O.,  125-127 

Initiative,  advocated  by  So- 
cial-Democratic Party,  213 

Innungen,  see  Guilds 

Insurance,  state,  127-132, 135 

Insurance  Office,  Imperial,  30 

Intendanturen,  149 

Italy,  commercial  treaty  con- 
cluded by  Caprivi  with, 
103,  137;  alienation  of, 
from  France  over  conquest 
of  Tunis,  238,  239;  joins 
Triple  Alliance,  239;  sides 
against  Germany  in  Mo- 
rocco crisis,  249;  acquisi- 
tion of  Tripoli  by,  249,  254, 
255;  the  Great  War,  256 

[330] 


JAMESON  RAID,  92,  93,  244 

Japan,  William  II  arouses 
hostility  of,  93;  driven  by 
Germany  to  British  alli- 
ance, 244;  the  Great  War, 
256 

Jesuits,  expulsion  from  Em- 
pire, 218 

Jews,  proportion  of,  in  Reichs- 
tag, 62;  opposition  to,  208, 
2IO 

Judges,  50, 196,  197 

Judicial  powers,  of  Bundesrat, 
70 

Judicial  system,  the  Civil 
Code,  183-188;  criminal 
law,  188-191;  organization 
of  courts  ,  191-194;  Judi- 
cial Officers,  196-198;  ad- 
ministrative law,  198-202; 
administrative  courts,  202- 
204;  in  the  colonies,  272, 

273 

Jutland,  peninsula  of,  172 
Jus  sanguinis,  in  determining 

German  citizenship,  5 

KAISER,  the,  proclamation  of 
William  I,  the  first,  22; 
increased  power  of,  29; 
authority  of,  in  colonial, 
protectorates,  30,  77,  270, 
271;  position  of,  in  Empire, 
37,  38;  constitutional  right 
of,  to  open  and  adjourn 
Bundesrat,  65,  76;  Bundes- 
rat committees  on  Army 


INDEX 


and  Marine  Affairs  ap- 
pointed by,  66;  title  of, 
conferred  on  King  of  Prus- 
sia, 74,  75;  governmental 
functions  of,  76,  77;  mili- 
tary power  of,  77;  govern- 
mental authority  of,  over 
Alsace-Lorraine,  77;  par- 
doning power  of,  77;  per- 
sonal privileges  of,  78; 
William  I,  79-83;  Fred- 
erick III,  83-87;  William 
II,  87-96;  Bismarck's 
maintenance  of  position 
of,  ico,  101;  promulgation 
of  law  by,  115;  Imperial 
officers  appointed  by,  118; 
military  powers  of,  150, 
151;  commander-in-chief  of 
navy,  160;  control  over 
postal  service,  173;  con- 
trol of  foreign  affairs  by, 
76,  256-258 

Kaiser  Wilhelm  Canal,  171, 
172 

Kamerun,  German  occupa- 
tion of,  253;  revolt  in, 
264;  administration  of, 
271  n,  272;  military  organ- 
ization of,  273;  finances  of, 
274 

Kammergericht,  193 

Kanitz,  Count,  62 

Keltic,  J.  S.,  quoted,  263, 
264 

Kiao-chau,  administration  of, 
by  navy,  161,  273;  occu- 


pation   of,    by    Germany, 

266 
Kiel,    Imperial    naval    docks 

at,  161,  162 
Kiel  Canal,  171,  172 
King  of  Prussia,  19;  becomes 

Kaiser,  22;    title  of  Kaiser 

conferred     upon,    74,    75; 

distinction  between  powers 

of  Kaiser  and  of,  79 
Koniggratz,  battle  of,  84 
Kongo,  French,  253 
Kongo  Conference,  240 
Koroci,  Prince  von,  see  Ho- 

henlohe-Schillingsfurst 
Kruger,  Pres.  Paul,  telegram 

from    William    II    to,   92, 

93,  244 

" Kuhhandel"  230 
Kulturkampf,  217-219 
Kuratorium,    of    Reicbsbank, 

122 

LABAND,  P.,  cited,  69  n,  70  nn 
Landed  proprietors,  political 

affiliation  of,  206 
Landgtricbtt,  192,  193,  197 
Landrecht,  in  Baden,  183 
Landrichter,  192 
Land   titles,    registration   of, 

195,  196 

Lassalle,  46,  47,  222 
Lauenburg,  united  to  Prussia, 

27;     representation   of,   in 

Reichstag,  48;    in  Bundes- 

rat,  64 
Law,  process  of  making,  in 

[331] 


INDEX 


Germany,  110-116;  distinc- 
tion between  Ordinance 
and,  no 

Left,  the,  in  the  Reichstag, 
39,  49,  53,  60,  71;  attitude 
of,  toward  Alsace-Lorraine, 
181.  See  also  Liberal,  and 
Social-Democratic  Parties 

Legislative  power,  of  the 
Reichstag  and  Bundesrat, 

45 

Leo  XIII,  Pope,  219 
Lese-majeste,  9,  78,  189 
Liao-tung   peninsula,  244 
Liberal  National  Movement, 

comes  to  end,  16 
Liberal  Party,  wishes  of,  39, 
47;     representation  of,   in 
Reichstag,  49,  54,  62,  214; 
seating  of,  in  Reichstag,  53; 
supported     by     Frederick 
III,  84;   support  of  Billow 
of,   1 06;    composition   and 
principles  of,  206,  207,  211- 
213;      in     first     Prussian 
Chamber  of  Deputies,  215; 
opposition  of,  to  protective 
tariff,   225;    split  of,   225; 
party    movement     of,     in 
Reichstag,  234 
Liberal  Union,  225 
Liberals   Vereinigung,  22$ 
Limitation,  Statute  of,  190 
Lippe,  48,  64 

Lorraine,  see  Alsace-Lorraine 
Louis  II,  of  Bavaria,  74,  75 
Louis  XIV,  176 

[332] 


Louisa,  Princess  of  Mecklen- 

burg-Strelitz,  79 
Lowell,  A.  Lawrence,  cited  on 

administrative  law,  201  n 
Liibeck,  representation  of,  in 

Reichstag,  48,  in  Bundesrat, 

64;   naval  center  at,  161 
Liideritz,  263 

MAHLER,  K.,  cited,  205  n 
Maitland,  Prof.,  quoted,   187 
Manteuffel,  ministry  of,  84 
Marianne  Islands,  265 
Marshall  Islands,  265 
Marx,  Karl,  46,  222 
Matrikularbeitrage,  136-139 
Mecklenburg,  17,  71 
Mecklenburg-Schwerin,  48, 64 
Mecklenburg-Strelitz,  48,  64 
Medical  police,  132,  133 
Memorandum  of  Prussia,  19 
Middle   class,  political   affili- 
ation of,  206,  207 
Militarbeamte,  49 
Military  Fiskus,  see  Fiskus 
Military  Law,  32 
Military    service,    period  of, 
extended,  26;    term  of,  re- 
duced, 26;  compulsory  and 
universal,  153;  active,  153; 
Landwebr,  153,  154;   Land- 
sturm,  154;  volunteers,  154 
Miquel,  Representative,  33 
Mobilization,  150,  151 
Moltke,  82,  177,  236 
Montenegro,  255 
Monts,  Count,  160 


INDEX 


Morocco,  246,  247 
Miinster      and      Osnabriick, 
Peace  of,  13 

NACHTIGALL,  264 

Napoleon,  13,  79,  151 

Napoleon  III,  46,  201 

Nassau,  64 

National  Liberal  Party,  rep- 
resentation of,  in  Reichs- 
*&£>  53»  54»  62;  Bismarck's 
breach  with,  100,  219-221; 
attitude  of,  toward  Alsace- 
Lorraine,  182;  composi- 
tion and  principles  of,  207, 
212;  history  of,  216-234 

Nationalvtrein,  216 

Naturalization,  6,  7 

Navy,  Kaiser  commander-in- 
chief  of,  77,  160;  supre- 
macy of  Prussia  regarding, 
114;  increased  expenses  of, 
135;  organization  of,  160- 
162;  need  for  adequate, 
162-166;  importance  of 
Kiel  Canal  to,  172;  in- 
crease in,  244,  245 

New  Guinea,  German  occu- 
pation of,  265;  adminis- 
tration of,  271  n,  273; 
finances  of,  273,  274 

Nobility,  political  affiliation 
of,  206 

Normal  -Eichungskommission, 
119 

North  German  Federation, 
formation  of,  19-22;  34 


November  Treaties,  22,  74 

OBERELSASS,  181 
Oberlandesgerichtt,    193,   194, 

198 

Oberseeamt,  31,  203 
Oberstaatsanwalt,  197 
Oberstes  Landesgericht,  193 
Officers,  of  army,  154,  155 
Old-Catholics,  218 
Old-Liberal  Party,  225 
Oldenburg,  representation  of, 
in  Reichstag,  48,  in  Bundes- 
rat,  64 

Olmiitz,  Treaty  of,  16,  81 
Order  of  Jesus,  see  Jesuits 
Ordinance,     distinction     be- 
tween Law  and,  no 
Organisationsprwilegien,  42 

PALAOS  ISLANDS,  265 

Pan-Germanism,  245,  246, 
255  n 

Pan-Serbian  movement,  250 

Pan-Slavism,  236,  241,  255 

Paper  currency,  121 

Pardoning  power,  77 

Parker,  E.  M.,  cited,  202  n 

Parties,  composition  and 
principles  of,  205-214;  his- 
tory of,  in  Reichstag,  214- 

234 

Partnerships,  195 
Patent  Office,  30,  135,  204 
Patentgesetz,  122  n 
Patents,  122, 123,  195  n 
Paupers,  7,  8,  43,  50 

[333] 


INDEX 


Penal  Code,  cited,  78  nn 

Pensions,  119,  131 

Persia,  251,  252 

Peters,  Dr.,  264 

Physikaliscb  -  Tecbnischt- 
Reicbsanstalt,  120 

Pius  X,  Pope,  219 

Plenum,  14,  16,  64 

Poles,  in  population  of  Ger- 
many, 4,  5;  in  Reichstag, 
60,  144,  206,  214,  229,  234 

Police,  medical  and  veter- 
inary, 132, 133 

Pope,  temporal  power  of,  op- 
position to,  104,  217-219 

Port  Arthur,  244 

Poschinger,  M.  von,  cited, 
83  n,  84  n,  87  n;  quoted,  85 

Posts,  administered  by  Em- 
pire, 41;  reserved  privileges 
of  Bavaria  and  Wiirtemberg 
regarding,  43;  administra- 
tion of,  conducted  by  Kai- 
ser, 76,  77;  relation  of,  to 
Fiskus,  140;  organization 
and  development  of,  173- 

I7S 

Potsdam,  Convention  of,  252 
Prasidialantragf,  29,  in 
Praesidium,    of    the     North 

German     Federation,     37, 

74>  75 

Prague,  Treaty  of,  18,  21 
Press  Law,  191 
Privileges,    special,    42,    43; 

reserved,  42-44 
Professions,  regulation  of,  125 

[334] 


Progressive  People's  Party, 
225 

Protective  tariff,  136,  137, 
141,  207,  224,  225,  232 

Protestants,  proportion  of,  in 
Germany,  4,  in  colonies, 
274;  in  Reichstag,  62;  op- 
position of,  to  Clerical 
Party,  230,  231,  233 

Prussia,  area  of,  3;  conserva- 
tive and  aristocratic,  3; 
population  of,  4;  Regie- 
rungsprdsident  in,  6;  char- 
acter of  people  of,  n; 
destruction  of  Rheinbund 
by,  14;  rivalry  with  Aus- 
tria, 15;  creates  Drei- 
konigsbund,  16;  forced  to 
recognize  Bundestag,  17; 
forms  Deutsche  Zollverein, 
17;  Bismarck's  policy  as 
ambassador  of,  18;  war 
with  Austria,  18;  forms 
North  German  Federation, 
19-21;  makes  treaty  with 
southern  states,  21;  power 
of,  to  defeat  constitutional 
amendments,  24,  25,  114, 
115;  Lauenburg  united  to, 
27;  administration  of  Wai- 
deck  ceded  to,  27;  Heli- 
goland united  to,  27;  power 
of,  in  Bundesrat,  28;  mili- 
tary hegemony  of,  31;  con- 
tingent of,  in  German 
army,  31;  hereditary  right 
of,  to  Crown  of  Empire,  42; 


INDEX 


representation  of,  in  Reichs- 
tag, 48,  in  Bundesrat,  64- 
66;  praesidium  of  Empire 
conferred  on,  74;  William 

I  of,    79-83;      Frederick 
III    of,     83-87;      William 

II  of,    87-96;     union    of 
Bavaria    with,     advocated 
by  Hohenlohe,    104;    con- 
sequence of  leadership  of, 
108,    109;     supremacy   of, 
in  legislation,  1 14-1 16;  Im- 
perial  military  affairs  ad- 
ministered   by,    149,    150; 
development  of  army  corps 
by,  151,  152;   army  reform 
by,     153;     J-    E.    Barker 
quoted  on,   156,   157;  dif- 
ferent civil  codes  in  force 
in,  183;   Kammergericbt  in, 
193;     tendencies    of   Con- 
servative  party   in,   208 

Prussian  Rhine  Province,  4 
Public  instruction,  41 
Public  meetings,  41 
Public  prosecutors,  190,  197, 

198 

Pufendorf,  S.  von,  cited,  36 
Pure  Food  Law,  191 
Puttkammer,  von,  86 

Quaestors,      for      supervising 
finances  of  Reichstag,  54 

RADICAL     LIBERAL     PARTY, 

principles  of,  212,  213 
Radical  Party,  wishes  of,  39 


Railroads,  regulation  of,  43; 
relation  of,  to  Fiskus,  140; 
of  Alsace-Lorraine,  140, 
168;  Imperial  ownership 
of,  planned  by  Bismarck, 
141,  142;  constitutional 
basis  for  government  own- 
ership of,  167,  168;  devel- 
opment of,  169;  privately 
owned,  170 

Ratibor,  Prince  von,  see  Ho- 
henlohe-Schillingsfiirst 

Ratzel,  quoted,  2,  3 

Rayonkommission,  31 

Rechnungshof,  146,  147 

Recht  der  Scbuldverhaltnisse, 
188 

Rechtsanwalt,  198 

Referendare,  196 

Referendum,  213 

Regierungsprdsident,  6 

Reichsamt  fur  das  Heimatwe- 
sen,  202,  203 

Reichs-  und  Staatsangehorig- 
keitsgesetz,  5  n 

Reichs  anleihen,  141 

Reichsanwalt,  198 

Reichsbank,  121, 122,  140,  242 

Reichsbeamtengesetz,  32,  njn 

Reicbseisenbahnamt,  168 

Reichsfiskus,  see  Fiskus 

Reichsgericht,  31,  119,  193, 
194,  196-198,  258;  ina- 
bility of,  to  pass  upon  con- 
stitutionality of  law,  116  n; 
supreme  court  of  Empire, 
191,  192 

[335] 


INDEX 


Reichsgesetz,  8  n,  27  n 
Reichsgesetzblatt,     see     "  Im- 
perial Gazette" 
Reicbskanzlei,  107 
Reicbskassenscheine,  121,  141, 

H7 

Reicbskolonialamt,  268 
Reicbsmarineamt,    1 60 
Reichspartei,  217 
Reicbspostamt,  175 
Reicbsrayonkommission,  203 
Reicbsschatzamt,  147 
Reichsscbuldbucb,  147 
Reicbsschuldenkommission, 

H7 

Reichsschuldenverwaltung,  147 
Reichstag,  Constitution  of  the 
North  German  Federation 
adopted  by,  20;  right  of, 
to  propose  constitutional 
amendments,  25;  remuner- 
ation of  members  of,  26; 
increased  importance  of, 
28;  legislative  powers  of, 
45;  treaties  must  be  passed 
by,  45;  control  of  finances 
by,  46;  elections  to,  46- 
48,  50-53;  constituencies 
in,  48-50;  organization  of, 
53;  presiding  officers  of, 
53,  54;  conduct  of  bus- 
iness in,  54-56;  term  of 
office  of  members  of,  56, 
57;  privileges  of  members 
of,  57;  salaries  of  members 
of,  58,  59J  personnel  of, 
59-62;  character  of,  com- 

[336] 


pared  with  Bundesrat,  72, 
73;  opposition  of,  to  Bis- 
marck, 96;  law-making 
process,  110-116;  retention 
of  Matrikularbeitrdge,  138, 
139;  control  of  budget 
by,  145,  146;  control  of 
finances  by,  146;  parties  of, 
205-214;  party  history  of, 
214-234;  opposition  of,  to 
first  colonizing  experiment, 
261 

Reichsverfassung,  24  n,  25  n, 
3 1, 43,  46 n,  65  n,  68  n,  69  n, 
70  n,  71  n,  72  n,  76  nn, 
77  nn,  78,  977171,  114  nn, 
115  n,  138,  139,  144,  146, 
151  n,  i6on,  256,  258 

Reichsversicberungsamt,  129, 
130,  203,  204 

Religion,  regulation  of,  41 

Reservatrechte,   42-44 

Reuss  (both  lines),  represen- 
tation of,  in  Reichstag,  48, 
in  Bundesrat,  64 

Revisionisten,  213 

R.  G.,  see  Reicbsgesetz 

Rheinbund,  13 

Rheinbundacte,  13 

Rhine    Province,  4 

Right,  the,  in  the  Reichstag, 
39>  53>  60,  144.  See  also 
Conservative  Party 

Roberts,  Lord,  93 

Robinson,  J.  H.,  cited,  70  n 

Roman  Law,  183 

Roon,  82,  108  n 


INDEX 


Roumania,  103,  137 

Russia,  2;  area  of,  compared 
with  German  Empire,  3, 
13;  William  II  arouses 
hostility  of,  93;  Bismarck 
reconciles  England  with, 
99;  commercial  treaty  con- 
cluded by  Caprivi  with, 
103,  137;  Bismarck's  culti- 
vation of,  235;  treaty  be- 
tween Austria  and,  236; 
war  with  Turkey,  236,  237; 
ingratitude  of,  toward  Bis- 
marck, 237;  alliance  with 
Germany  and  Austria,  239; 
alliance  with  Germany  dis- 
solved, 240;  Dual  Alliance 
formed  with  France,  241- 
243;  tariff  war  with  Ger- 
many, 242;  opposition  of, 
to  Japan,  244;  obliged  by 
Germany  to  give  way  to 
Austria  in  Balkans,  250; 
partition  of  Persia  with 
England,  251,  252;  pro- 
motion of  Pan-Slavism  by 
256;  designs  of,  on  Con- 
stantinople, 256;  the  Great 
War,  256 

R.  V.,  see  Reicbsverfassung 

Sachenrecbt,  188 

St.  Paul's  Parliament,  16,  19, 

59 

Samoa,  treaties  with  England 
regarding,  245;  first  at- 
tempt of  Germany  to  col- 


onize, 261;  partition  of, 
with  Germany,  265,  266 

San  Stefano,  Peace  of,  237 

Savigny,  184 

Saxe-Altenburg,  representa- 
tion of,  in  Reichstag,  48,  in 
Bundesraty  64 

Saxe-Koburg-Gotha,  repre- 
sentation of,  in  Reichstag, 
48,  in  Bundesrat,  64 

Saxe-Meiningen,  representa- 
tion of,  in  Reichstag,  48, 
in  Bundesrat,  64 

Saxony,  area  of,  3;  popula- 
tion of,  4;  included  in 
Dreikonigsbund,  16;  contin- 
gent of,  in  German  army, 
31,  150,  151;  special  privi- 
leges of,  43,  121,  130  n,  151; 
representation  in  Bundesrat, 
64,  66;  Civil  Code  in,  183 

Schatzanweisungen,      141 

Schaumburg-Lippe,  represen- 
tation of,  in  Reichstag,  48, 
in  Bundesrat,  64 

Schierbrand,  von,  cited,  90 

Schleswig,  19 

Schleswig-Holstein,  183 

Scboffen,  192 

Schraps,  222  n 

Schuster,  E.  J.,  cited,  188  n 

Schutzgebiete  269  n 

Scbutzgebietsgesetz,  270  n, 
271  n,  274 

Schwarzburg-Rudolstadt,  rep- 
resentation of,  in  Reichstag, 
48,  in  Bundesrat,  64 

[337] 


INDEX 


Schwarzburg-  Sondershausen, 
representation  of,  in  Reichs- 
tag, 48,  in  Bundesrat,  64 

Schwurgericbte,  192-194 

Secessionists,  225 

Secretariats,  30 

Seeamter,  203 

Septennate,  226,  227,  235 

Serajevo,  Bosnia,  256 

Serbia,  commercial  treaty 
with,  137;  boundary  dis- 
pute with  Austria,  237; 
Russia  forced  by  Germany 
to  desert,  250;  Balkan 
League  joined  by,  255; 
in  the  Great  War,  256 

Seydel,  Max,  cited,  34-36 

Shimonoseki,  Peace  of,  244 

Shipping,  increase  of,  164 

Smith,  Adam,  123 

Social  -  Democratic  Party, 
wishes  of,  39,  49;  repre- 
sentation of,  in  Reichstag, 
49;  disturbances  in  Reichs- 
tag caused  by,  54;  decline 
in  personnel  of  Reichstag 
due  to,  60;  support  of, 
by  William  II,  95  n;  Bis- 
marck's struggle  with,  99; 
opposition  of,  to  increased 
army  taxes,  144;  composi- 
tion and  principles  of,  205- 
207,  213,  214;  history  of, 
221-234 

Socialist  Congress,  Interna- 
tional, 214 

Socialist    Party,    representa- 

[338] 


tion  of,  in  Reichstag,  49,  54, 
62;  seating  of,  in  Reichstag, 
53;  Bismarck's  opposition 
to,  221-224.  See  also  So- 
cial-Democratic Party 

South-German  People's 
Party,  225 

South  Germany,  3,  4 

Spain,  248 

Staatenbaus,  67 

Staatsanwalt,  197 

Staatsgewalt,  36 

Stanley,  H.  M.,  quoted,  241 

Steamship  companies,  135 

Stephan,  173 

Sterbegeld,   131 

Stettin,  161,  162;  170 

Stichwahl,  51 

Stoch,  Lt.-Gen.,  160 

Stocker,  208 

Strafkammern,  192-194 

Strassburg,  168,  176,  179 

Sud-Deutsche  Polkspartei,  225 

Supreme  Court,  of  the  Em- 
pire, see  Reichsgericht 

Swinemiinde,  161 

Switzerland,  2,  3,  137,  138  n 

TANGIER,  247 

Tardieu,  Andre,  quoted,  239, 
242,  243,  245,  246,  247; 
cited,  242,  249  n,  250  n 

Taxes;  indirect,  136;  in- 
heritance, 136,  137;  cus- 
toms duties,  136, 137;  prop- 
erty increment,  136,  144; 
stamp,  137,  144;  excises, 


INDEX 


137,     144;     income,     138, 
143  n;    property,  for  army 
increase,     143,     144.      See 
also  Customs  Duties 
Telegraphs,  42,  43,  77,  140, 

I73-I7S 

Telephones,  173-175 

Thibaut,  quoted,  184 

Thirty  Years'  War,  175,  176 

Three-Class  System,  47 

Tirpitz,  von,  161 

Tivoli  program,  208,  209 

Togo,  264,  271  n,  272 

Toqueville,  A.  de,  35,  201  n 

Trade  Laws,  see  Gewerbe- 
Ordnung 

Trade-marks,  123,  195  n 

Trades,  regulation  of,  124, 125 

Treason,  8,  9 

Treaties,  45 

Treitschke,   quoted,    17 

Triple  Alliance,  103,  239 

Tunis,  238,  239 

Turkey,  war  with  Russia, 
236,  237;  sovereignty  of, 
over  Morocco  supported  by 
Germany,  247-249;  Ger- 
man interests  in,  251; 
friendship  of  Germany 
with,  251,  252;  Tripoli 
taken  by  Italy  from,  254, 
255;  the  Great  War,  256 

Tutuila,  161  n 

Ubertretungen,    190 
Ultramontane  policy,  230 
United  States,  area  of,  com- 


pared with  German  Em- 
pire, 3;  cities  of,  compared 
with  Germany,  4;  naturali- 
zation in,  compared  to  Ger- 
many, 6;  German  Ameri- 
cans, in,  10;  constitution  of, 
compared  with  German,  24, 
45;  railroad  development 
of,  compared  with  Ger- 
many, 169;  immigration 
from  Germany,  261,  262 

Universal  suffrage,  46-48,  50 

Urkunden,  196 

VASILI,   COMTE  PAUL,  cited, 

87  n 

Venezuela,  165,  245 
Verfassungssonderrechte,  42 
Verordnung,  see  Ordinance 
Versailles,  22,  217 
Versailles,  Treaty  of,  177 
Veterinary  police,  132,  133 
Vice-Chancellorship,  107 
Victoria,  of  England,  84 
Vienna,  Congress  of,  14 
Vollmar,  von,  quoted,  214 
Forparlament,  15 

Wablprufungs-Kommission, 

52.53 

Waitz,  35 

Waldeck,  adminfstration  of, 
ceded  to  Prussia,  27;  vote 
of,  instructed  by  Prussia,  28; 
representation  of,  in  Reichs- 
tag, 48;  vote  of,  in  Bun- 
desrat  given  to  Prussia,  64 

[339] 


INDEX 


Walfish  Bay,  263 

War  treasure,  Imperial,   140 

Wards,  as  voters,  50 

Webrsteuer,  143 

Wends,  4 

Wiener  Scblussacte,  14  n 

Wilhelmshafen,  161 

William  I,  of  Prussia,  pro- 
claimed Kaiser,  22,  40  n, 
74,  75;  early  life  of,  79; 
confession  of  faith  of,  80, 
81;  becomes  Regent,  and 
King  of  Prussia,  81;  re- 
organization of  Prussian 
army  by,  81,  82;  discovery 
of  Bismark,  Roon  and  von 
Moltke  by,  82;  popularity 
and  personal  virtues  of,  82; 
results  of  his  reign,  83; 
succeeded  by  Frederick 
III,  83;  quoted,  129 

William  II,  succeeds  Fred- 
erick III,  87;  early  char- 
acter of,  87,  88;  attends 
public  gymnasium,  88, 
University  of  Bonn,  88; 
becomes  reactionary,  88; 
his  work  for  world  peace, 
88,  89;  interest  of,  in  army 
and  navy,  89-91;  varied 
interests,  91;  progressive 
and  conservative  character 
of,  91,  92;  impulsiveness, 


92-94;  telegram  sent  to 
Kruger  by,  92,  93,  244; 
popularity  of,  94;  rupture 
with  Bismarck,  95,  96,  102; 
Caprivi  made  Chancellor 
by,  102;  visit  of,  to  Tan- 
gier, 247,  to  Damascus, 
252;  quoted,  89,  91,  93, 
163,  231,  247,  252 
Windthorst,  226 
Woman's  Suffrage,  213 
Workingmen,  legal  status  and 
protection  of,  by  G.  O.,  126; 
state  insurance  for,  127- 
133;  political  affiliations  of, 
205-207 

Wrangel,  Field  Marshal,  84 
Wiirtemberg,  area  of,  3; 
joins  North  German  Fed- 
eration, 22;  contingent  of, 
in  German  army,  31,  150, 
151;  representation  of,  in 
Reichstag,  48,  in  Bundes- 
rat,  64,  66;  limitations  of, 
on  military  power,  77; 
special  privileges  of,  42, 
43,  118,  121,  151,  173,  174 

ZABERN  AFFAIR,  178 
Zanzibar,  Sultan  of,  264 
Zollverein,  see  Deutsche  Zoll- 
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